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2019 Supreme(SC) 500

A.M.SAPRE, DINESH MAHESHWARI
Mallikarjunaiah – Appellant
Versus
Nanjaiah – Respondent


JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is directed against the final judgment and order dated 14.11.2007 passed by the High Court of Karnataka at Bangalore in RSA No. 23 of 2005 whereby the High Court partly allowed the appeal filed by the appellant herein.

2. A few facts need mention hereinbelow for the disposal of this appeal.

3. The appellant is the plaintiff and the respondents are the defendants of the civil suit out of which this appeal arises.

4. The civil suit leading to this appeal was filed by the appellant(plaintiff) seeking declaration of his title in relation to the properties described in Schedule ‘A’ attached to the plaint, being the land admeasuring 20 Guntas in Sy. No.17/3; western portion of 32 ½Guntas in Sy.No.29/1; and 11 Guntas in Sy. No.34/3, all situated at Karagund Village, Javagal Hobli, Arasikere Taluk, Hassan District, Karnataka. Out of the aforesaid land, 1 Gunta of land in Sy. No.17/3 and a portion of Sy. No.29/1 were mentioned in Schedule ‘B’ to the plaint and perpetual injunction was sought in that regard.

5. The other particulars of the property described in the plaint need not be elaborated for the reason that now the dispute in these proceedin
























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