DRAFT A REGULAR APPEAL IN CIVIL SUIT
Mr. ABC, S/o XYZ, suffered a judgment & Decree dated 01-03-2025 passed by the Civil Judge, Tumkur, in OS No.583/2024. He now wants to file an appeal against Mr. EFG, S/o PQR, who was the original defendant. The original suit, which was for declaration & injunction based on the sale deed dated 04-03-2024, executed by one Mr. MNO, S/O HIJ, in favour of Mr. ABC, was dismissed. The suit was dismissed because Mr. MNO had no right or title to the suit schedule property, as he had already sold it to a third person. Draft a Regular Appeal.
IN THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE AT TUMKUR
REGULAR APPEAL NO. /2025
IN THE COURT OF THE PRINCIPAL SENIOR DIVISION CIVIL
COURT AT TUMKUR
OS.NO. 583/2024
BETWEEN
Mr. ABC,
S/O XYZ,
Aged about 45 years,
R/AT 1st cross,
Tumkur,
Karnataka-572103……….
PLAINTIFF/APPELLANT
AND
Mr. EFG,
S/O PQR,
Aged about 52 years,
R/AT 3rd cross,
Tumkur,
Karnataka-572104 ……….
DEFENDANT/RESPONDENT
MEMORANDUM OF REGULAR APPEAL UNDER SECTION 96
R/W ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE,
1908
The Appellant above named most humbly submits as follows: –
- The address of the Appellant for the purpose of service of notice, summons, etc., of this Hon’ble Court is correctly furnished in the cause title, and they may also be notified through his counsel, (Advocate Name), Advocate,having office at ___________ , Bengaluru, Karnataka.
- The address of the Respondent for similar purposes is also mentioned in the cause title.
- Being aggrieved by the decree on 01.03.2025 passed by the Civil Judge, Tumkur, in O.S. No. 583/2024, which dismissed the plaint, the appellant is presenting this appeal before this Hon’ble Court.
FACTS OF THE CASE
- The plaintiff has filed the plaint in O.S. No. 583/2024 seeking a Declaration of Title and Injunction against the defendant. The claim is based on a registered Sale Deed on 04.03.2024, executed by Mr. MNO, S/o HIJ (hereinafter referred to as the “Seller“). A certified copy of the registered Sale Deed is annexed herewith and marked as ANNEXURE-A.
- The Plaintiff purchased the suit schedule property from the said Seller. The consideration amount for the suit schedule property was paid from the plaintiff’s bank account to the Seller’s account through a bank transfer. It is submitted that a copy of the bank transaction is annexed herewith and marked as ANNEXURE-B.
- Subsequent to the sale, the defendant unlawfully trespassed onto the suit schedule property and contended to the plaintiff that the property belongs to him. The Defendant further asserted that the seller had no legal authority to sell the property.
- Consequently, the Plaintiff instituted a suit for declaration and injunction before the Hon’ble Principal Junior Division Civil Court, Tumkur, for the purpose of protecting his lawful possession and ownership of the suit schedule property.
- The inferior court passed a decree in favor of the defendant, holding that the seller was devoid of any right or title in respect of the suit schedule property. Aggrieved by said decree, the plaintiff is presenting this appeal.
GROUNDS
- The Trial Court failed to properly appreciate the evidentiary value of the Registered Sale Deed submitted by the Plaintiff.
- The Trial Court failed to take into account the fact that a valid consideration was paid by the Plaintiff to the Seller. The consideration amount demonstrates the bona fide nature and legality of the transaction.
- The Defendant did not produce any registered document, title deed, or revenue record to establish his title related to the suit schedule property.
- The Court did not correctly frame issues relating to ownership, consideration, and possession.
- The impugned judgment and decree dated 01.03.2025 is contrary to the documentary and oral evidence on record and suffers from non-application of judicial mind, thereby resulting in miscarriage of justice.
- The Plaintiff, being a bona fide purchaser for value, is entitled to protection of his possession and ownership. Denial of such relief by the Trial Court violates the plaintiff’s rights under settled civil law principles.
PRAYER
WHEREFORE, the Appellant most humbly prays that this Hon’ble Court may be pleased to:
- Allow this Regular Civil Appeal and set aside the judgment and decree dated 01.03.2025 passed by the Civil Judge, Tumkur, in O.S. No. 583/2024;
- Decree the suit of the Appellant as prayed for in the plaint, by declaring the Appellant as the lawful owner of the suit schedule property and granting a permanent injunction restraining the Respondent from interfering with the Appellant’s peaceful possession and enjoyment of the suit schedule property; and
- Grant any other relief that this Hon’ble court may deem fit in the interest of justice and equity.
Place: Tumkur
Date: ADVOCATE FOR APPELLANT
VERIFICATION
I, Mr. ABC, S/O XYZ, Appellant in the above case, do hereby verify that the contents at paragraphs 1 to 14 of the appeal are true and correct to the best of my knowledge, information, and belief.
PLACE: Tumkur
Date: APPELLANT
