L.NAGESWARA RAO, ANIRUDDHA BOSE
Akkamma – Appellant
Versus
Vemavathi – Respondent
JUDGMENT :
ANIRUDDHA BOSE, J.
The appellants before us are the plaintiffs in a suit instituted in the year 1987 by their predecessor Arakeri Abbaiah claiming for declaration of ownership of certain immovable property comprising of 10.54 guntas situated in Vibhuthipura Village, Krishnarajapura Hobli, Bangalore South Taluk. Relief was also claimed in that suit in the form of injunction directing the defendants therein not to interfere with his peaceful possession and enjoyment of the suit-property. On his death, Arakeri Abbaiah’s legal representatives were brought on record. In this judgment, we shall refer to Arakeri Abbaiah as the original plaintiff. He was the son-in-law of the first defendant in the suit-Muniyappa. Both the defendants have passed away subsequently and their legal representatives are on record. The original second defendant was the son of the first defendant at the time the suit was instituted. Prior to this suit, another suit was filed by the original plaintiff involving broadly the same immovable property in the year 1982. We shall discuss about the said suit later in this judgment and the two suits shall be henceforth referred to by their years of institution, i.
M. K. Rappai and Ors. vs. John and Ors. [(1969 (2) SCC 590 – Relied [Para 10]
Ram Saran and Anr. vs. Smt. Ganga Devi [(1973) 2 SCC 60 – Relied [Para 11]
Vinay Krishna vs. Keshav Chandra and Anr. (1993) Supp3 SCC 129 – Relied [Para 14]
Anathula Sudhakar vs. P. Buchi Reddy (Dead) By LRS. And Ors. [(2008) 4 SCC 594 – Relied [Para 11]
Devish vs. M.K. Subbiah and Ors. (AIR 1970 Mys 249 – Relied [Para 12]
Navalram Laxmidas Devmurari vs. Vijayaben Jayvantbhai Chavda(AIR 1998 Guj 17 – Relied [Para 12]
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