GOUDAPPA APPAYA PATIL Vs. SHIVARI BHIMAPPA PATTAR

JUDGEMENT

(1.) - This appeal by plaintiff 1 is preferred against the judgment and decree dated 1-4-1980 passed in R. A. No. 99/76 by the Principal Civil Judge, Chikodi confirming the judgment and decree dated 25-8-1976 passed in O. S. No. 24/ 73 by the Principal-Munsiff, Hukeri.

(2.) Respondent 1 is the defendant and respondent 2 is plaintiff 2. The appeal is referred to a Division Bench on the ground that it involves a question as to whether the doctrine of lis pendens could be extended to a proceeding before a High Court under Arts. 226 and 227 of the Constitution.

(3.) The appellant and respondent 2 have filed the aforesaid suit for a declaration that they are the owners of the land bearing Block No. 68 measuring 3 acres 36 guntas, phot kharab 16 guntas, situated at Hatti Alur village in Hukeri Taluk and for a permanent injunction restraining the defendant and the persons claiming through him from disturbing the plaintiffs of their peaceful possession and enjoyment of the suit land.