2004 (7) TMI 700

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....ction restraining the defendant-appellant (hereinafter referred to as "the appellant") from interfering with his possession in property bearing Site No. 44/6 in Jayachamarajendera Road, presently 38th Division, Bangalore City, measuring 90′ x 110′. The trial court dismissed the suit on the ground that the plaintiff had failed to prove his title as also the possession over the suit prop....

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..... Unfortunately, the High Court, in the present case has not recorded any finding either on facts or on law. Sitting as the first appellate court it was the duty of the High Court to deal with all the issues and the evidence led by the parties before recording the finding regarding title. The order of the High Court is cryptic and the same is without assigning any reason. 4. For the aforesaid r....