- (1.) This appeal has been filed against the judgment of the High Court of Karnataka, dated 18.08.2006 in RFA No.64/2004 connected with Cross Objection No.13/2004 and the subsequent order dated 08.09.2006 passed under the category of "Order on For Being Spoken To". The suit filed by the appellant being O.S. No.10836/1991 seeking possession and permanent injunction in respect of Survey No.124/3 to an extent of 2 acres 26 guntas land situated at Benniganahalli Village, Krishnarajapuram Hobli, Bangalore North Taluk, Bangalore District was dismissed and admittedly no appeal was filed against the said judgment of the trial court. The respondents filed a suit seeking relief of declaration, injunction and recovery of possession. In respect of the land in Survey No.124/3 to an extent of 2 acres 26 guntas, the appellant filed cross appeal. The suit filed by the respondents was dismissed which was challenged in an appeal. A cross appeal was filed by the appellant. Both the appeal filed by the respondent and the cross appeal were dismissed.
(2.) In the "Order on For Being Spoken To", the High Court held that O.S. No.10836/1991 filed by the appellant in respect of 2 acres 26 guntas in Survey No.124/3 was dismissed by the Trial Court. It was held by the Trial Court that the appellants failed to prove their possession. As no appeal was filed against the judgment in O.S. No.10836/1991 the High Court observed that the said judgment operates as res judicata in respect of possession to the extent of 2 acres 26 guntas in Survey No.124/3. On the basis of the said findings the High Court held that the respondents were entitled for an injunction in respect of the scheduled properties.
(3.) On a perusal of the material on record and on consideration of the submissions that are made by the learned counsel for the parties, we are of the opinion that there is no ground to interfere with the judgment of the High Court. Therefore, Civil Appeals are dismissed.;