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2017 Supreme(SC) 397

R.K.AGRAWAL, A.M.SAPRE
Srinivasaiah – Appellant
Versus
H. R. Channabasappa (since dead) by his LRs – Respondent


JUDGMENT

Abhay Manohar Sapre, J.

1) Leave granted.

2) These appeals are filed by defendant No.2 against the order dated 18.04.2012 passed by the High Court of Karnataka at Bangalore in R.P. No. 387 of 2011 and the final judgment and order dated 25.07.2011 in R.S.A. No.1253 of 2005 by which the High Court allowed the appeal filed by the respondents herein and set aside the judgment and decree dated 18.02.2005 passed by the Additional Civil Judge (Sr.Division), Ramnagaram in R.A. No.35 of 2000 and restored the judgment and decree dated 30.06.2000 passed by the Civil Judge (Jr.Division) Kanakapura in O.S. No.152 of 1987.

3) We herein set out the facts, in brief, to appreciate the issues involved in these appeals.

4) The appellant is defendant No.2 whereas respondent Nos. 1 to 5 are the legal representatives of original plaintiff and respondent Nos. 6 to 11 are the legal representatives of original defendant No. 1 in the civil suit out of which these appeals arise.

5) The original plaintiff -M.N. Channabasappa was the owner of the suit land (described in detail in schedule to the plaint). He fell in need of money in 1969. He, therefore, approached the original defendant No.1 -B.M. Narayana



































































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