G. Srinivasa Modaliyar Since Dead By Lrs vs. Lokanath Modaliyar Since Dead By His Lrs

ITEM NO.23 COURT NO.16 SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s).9159/2023

(Arising out of impugned final judgment and order dated 16-11-2022 in RSA No. 3014/2006 16-11-2022 in RSACROB No. 11/2011 passed by the High Court Of Karnataka At Bengaluru)

G. SRINIVASA MODALIYAR SINCE DEAD BY LRS Petitioner(s)

VERSUS

LOKANATH MODALIYAR SINCE DEAD BY HIS LRS & ANR. Respondent(s)

(FOR ADMISSION and I.R. and IA No.56447/2023-CONDONATION OF DELAY IN FILING and IA No.56449/2023-EXEMPTION FROM FILING O.T. )

Date : 27-03-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE MANOJ MISRA

For Petitioner(s) Mr. Girish Ananthamurthy, Adv. Mrs. Vaijayanthi Girish, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Heard Mr. Girish Ananthamurthy, learned counsel appearing for the petitioners(plaintiffs) who would point out that the High Court committed an error in allowing the defendant's second appeal and remanding the matter to the appellate court to determine whether the parties had entered into the sale agreement on 08.02.1983 or whether they intended to create mortgage for the property, proposed to be sold. The learned Digitally signed by Jayant Kumar Arora Date: 2023.03.28 17:42:41 IST Reason: Signature Not Verified

counsel would refer to paragraph 32 (page 201) of the first appellate court's order dated 20.01.2006 to submit that specific finding on the issue was already recorded by the Court. The counsel would also point out that on the issue No.3 pertaining to limitation, there was a clear finding (page 178) by the Trial Court on 01.10.2002 that the suit is well within the limitation period and the defendant's contention to the contrary was rejected.

With these projections, the impugned order of the High Court is challenged by the petitioners (plaintiffs).

Delay condoned.

Issue notice, returnable in four weeks.

In the meantime, further proceedings pursuant to the impugned order shall be stayed until the returnable date.

(DEEPAK JOSHI) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH)