2024 INSC 1043
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
EXTRAORDINARY APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) No.30804 of 2024 [Diary No(s). 56304/2024]
GIRIYAPPA & ANR. Petitioner(s)
VERSUS
KAMALAMMA & ORS. Respondent(s)
O R D E R
1. Delay condoned.
2. This petition arises from the order passed by the High Court
of Karnataka at Bengaluru dated 23-8-2024 in Regular Second Appeal
No.1740/2008, by which the appeal filed by the petitioners – herein
(original defendants) came to be dismissed, thereby affirming the
judgment and order passed by the First Appellate Court and also the
judgment and decree passed by the Trial Court.
3. We have heard Mr. Anand Sanjay M. Nuli, the learned Senior
counsel appearing for the petitioners.
4. It appears from the materials on record that the respondents –
herein (original plaintiffs) instituted Original Suit No.364/1988
for declaration of title and recovery of possession.
5. The suit came to be decreed in favour of the respondents
(original plaintiffs). The Regular First Appeal filed by the
petitioners – herein came to be dismissed and so also the Second
Appeal by the High Court.
6. In the Second Appeal, the High Court formulated the following
substantial questions of law:-
"(1) Whether the Courts below were justified in decreeing the suit of the plaintiff, despite the de...