MAHABALESHWAR SUBRAYA HEGDE Vs. NARAYANA SUBRAYA HEGDE

JUDGEMENT

(1.) This application under Order 41, Rule 19 read with Section 151, CPC is filed in the following circumstances.

(2.) The appellant/applicant challenged the decree of the first appellate Court in R.A. No. 22/1987 on certain substantial questions of law formulated by him in the appeal memo as required. The defendant in the Original Suit is the appellant and he suffered a decree in the trial Court for declaration of title of the plaintiff/respondent to the suit property and for delivery of vacant possession of the area under dispute. The parties are said to be brothers. The first appellate Court confirmed the decree. When the appeal came up for admission on 15-4-1991, the learned Single Judge made the following order:

(3.) The point now for consideration is whether this application under Order 41, Rule 19, CPC is maintainable as this Court in the absence of the counsel appearing for the appellant proceeded to observe that no substantial question of law arises for consideration, which ultimately may mean that the appeal was not found fit for admission on merits. The respondent supports the order contending that the Judgment being one passed on merits, application under Order 41, Rule 19 is not maintainable.