K.C. VISHWANATHA Vs. T. SATYAPPA

JUDGEMENT

(1.) THE Civil Judge (Sr. Dn.), Challakere, in R.A. No. 83 -/2002 has recorded thus on 01.10.2005: Appt - CSK Respt - HVS As no arguments advanced, case is posted for judgment. Judgment by 01.12.2005. So also in R.A. No. 88/2002 has passed the following Order on 01.10.2005: Appt - CSK Respt - HVS As no arguments advanced, case posted for judgment. Judgment by 01.12.2005. Thereafterwards, the lower appellate Court has passed a common judgment and decree dated 1st December 2005 allowing the appeals. Appeals were admitted on 27.10.2010 on the following substantial question of law: - - Whether in the facts and circumstances of the case, the appellate Court was justified in holding that Ex. D -1 does not confer title to the appellant and the order passed by the Deputy Commissioner in proceedings bearing No. MUN(1) 277/81 -82 is vitiated in law and the respondent has proved his title based on Ex. P -1 without pleadings or issue?

(2.) ORDER 41 Rule 17 of the C.P. C., requires of the Lower Appellate Court to hear the Appeals by extending an opportunity of hearing to the parties. Hence, the following additional substantial question of law: - - Whether the Lower Appellate Court was justified in allowing the appeals on merits by the common judgment and decree, without hearing the parties in accordance with Order 41 Rule 17 of the CPC?