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2017 Supreme(SC) 710

DIPAK MISRA, A.M.KHANWILKAR
U. Manjunath Rao – Appellant
Versus
U. Chandrashekar – Respondent


JUDGMENT

Dipak Misra, J.

The challenge in this appeal, by special leave, is to the legal acceptability of the judgment and decree dated 06.06.2014 passed by the High Court of Karnataka at Bangalore in Regular First Appeal No. 1626 of 2010 whereby the learned single Judge has declined to interfere in the appeal preferred by the first defendant questioning the defensibility of the judgment and decree dated 21.06.2010 passed by the learned XXVIII Additional City Civil Judge, Mayohall, Bangalore in O.S. No. 16950 of 2004.

2. The narration of facts as is evincible from the impugned judgment are that the first defendant was aggrieved as he was directed by the trial Court to execute a rectification deed in respect of property description No. 2 in B-schedule in the partition deed dated 01.04.1981 which was registered on 28.07.1981 and brought on record as Ex.P-1 and further granted permanent injunction restraining the defendants from interfering with the possession of the plaintiff in respect of the property in question. It was contended before the High Court that the trial Court had erred in law in decreeing the suit as the registered deed of partition had not been proved in accordance wi





























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