IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. /2025 (@ SLP (C) No. 1183/2025)
JAKKAVVA & ANR. ..... APPELLANT(S)
VERSUS
PRAHLAD GOWDA & ORS. ..... RESPONDENT(S)
WITH
CIVIL APPEAL NO. /2025 (@ SLP (C) No. 4761/2025)
O R D E R
Leave granted.
Challenge in these appeals is to the common judgment and final
order dated 18.12.2024 passed by the High Court of Karnataka,
Circuit Bench at Dharwad, in Civil Revision Petition Nos.
100041/2024 and 100043/2024 and in Writ Petition No. 102089/2024.
Thereby, the High Court dismissed all three cases confirming the
order passed by the learned Principal Senior Civil Judge and JMFC,
Hubbali, in Execution No. 228/2023, whereby respondent Nos. 1 and 2
herein were permitted to maintain an application under Order XXI
Rule 97 of the Code of Civil Procedure, 19081.
The predecessor of respondent Nos. 1 and 2 was admittedly
inducted into the property in question as a sub-lessee of
Siddalingappa Bulla. While so, Jakkavva and Savakka, the
1 For short, ‘the CPC’
1
appellants herein, instituted O.S. No. 02/2009 on the file of the
learned I Additional Senior Civil Judge and CJM, Dharwad, seeking
partition and separate possession of their shares in the Suit
Schedule ‘A’ and ‘B’ properties, excluding Schedule ‘B1’ property.
The trial Court, while decreeing the suit, observed that the Suit
Sc...