Kesaramandi Shavantravva W/o Late Kesaramandi Nagappa vs Holagundi Kotresh S/o Late Basappa — 127/2017

Case under Under Order 7 Rule 1 and 2 Read with Sec 26 of Cpc Section VIIrule,1and2,CPC. Disposed: Contested--DISMISSED on 26th March 2026.

O.S. - Original Suit

CNR: KAVN300014722017

Case disposed

e-Filing Number

-

Filing Number

127/2017

Filing Date

10-07-2017

Registration No

127/2017

Registration Date

10-07-2017

Court

CIVIL JUDGE AND JMFC COURT, HAGARIBOMMANAHALLI

Judge

584-CIVIL JUDGE AND JMFC HAGARIBOMMANAHALLI VIJAYANAGARA DISTRICT

Decision Date

26th March 2026

Nature of Disposal

Contested--DISMISSED

Acts & Sections

Under Order 7 Rule 1 and 2 read with sec 26 of CPC Section VIIrule,1and2,CPC

Petitioner(s)

Kesaramandi Shavantravva W/o Late Kesaramandi Nagappa

Adv. ASHOKA KANAKERI

Respondent(s)

Holagundi Kotresh S/o Late Basappa

Hearing History

Judge: 584-CIVIL JUDGE AND JMFC HAGARIBOMMANAHALLI VIJAYANAGARA DISTRICT

26-03-2026

Disposed

25-03-2026

JUDGMENT/FINAL ORDER

07-03-2026

JUDGMENT/FINAL ORDER

05-03-2026

ARGUMENTS

03-03-2026

ARGUMENTS

Final Orders / Judgements

26-03-2026
Judgment

The court dismissed the plaintiff's suit for declaration of title and permanent injunction regarding agricultural land (Sy.No.107/C, 6.80 acres). The judge found that the plaintiff failed to prove absolute ownership and possession because: (1) the settlement deed from her mother lacked specific property boundaries and stated the mother had no right to alienate the land; (2) the plaintiff never pleaded when her mother died or proved she acquired possession afterward; and (3) under Section 34 of the Specific Relief Act, 1963, a suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in actual possession, as confirmed by revenue records showing the defendant held the property. This case analysis is maintained by casestatus.in based on publicly available court records.

Interim Orders

05-07-2018
Issue
31-07-2024
Deposition
31-07-2024
Deposition
31-07-2024
Deposition
09-09-2024
Deposition
09-01-2025
Deposition
09-01-2025
Deposition
09-01-2025
Deposition
01-02-2025
Deposition
16-06-2025
Deposition
25-07-2025
Deposition
13-08-2025
Deposition
16-09-2025
Deposition
13-10-2025
Deposition
24-10-2025
Deposition
24-10-2025
Deposition
07-11-2025
Deposition
21-11-2025
Deposition
24-01-2026
Orders
casestatus.in Summary

The court dismissed the plaintiff's suit for declaration of title and permanent injunction regarding agricultural land (Sy.No.107/C, 6.80 acres). The judge found that the plaintiff failed to prove absolute ownership and possession because: (1) the settlement deed from her mother lacked specific property boundaries and stated the mother had no right to alienate the land; (2) the plaintiff never pleaded when her mother died or proved she acquired possession afterward; and (3) under Section 34 of the Specific Relief Act, 1963, a suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in actual possession, as confirmed by revenue records showing the defendant held the property. This case analysis is maintained by casestatus.in based on publicly available court records.

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