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1982 Supreme(Kar) 117

N.D.VENKATESH
M. VENKATARAYAPPA – Appellant
Versus
B. V. LAKSHMI NARAYANA – Respondent


Advocates:
H.R.VENKATASAMANIAH, M.S.GOPALKRISHNA

N. D. VENKATESH, J.

( 1 ) THIS second appeal is directed against the judgment and decree dated 20-9-1978 of the Civil Judge, Chick- ballapur, in R. A. No. 73 of 1978 on his file. The said R. A. , had been preferred by these appellants, who were defendants in O. S. No. 1772 on the file of the Munsiff, Chiikballpur, against the judgment and decree dated 14-2-1978 of the Munsiff in that suit. The respondent herein was the plaintiff in the said suit.

( 2 ) THE plaintiff's claim in the suit was for a permanent injunction against these defendants restraining them from interfering with his possession and enjoyment of the suit land The trial court ganted a decree as sought for. The first appellate court has confirmed "the same.

( 3 ) A few facts which are not in dispute may be stated. Sy. Nos. 107 and 106, adjoining each other, of village honnenahalli, Chickballapur Tk, originally belonged to the joint family of three coparceners - brothers, Dodda subbiah, Nadipi Subbiah and Chikka subbiah. Sy. No. 107 measures 25 guntas and Sy. No. 106, 9 guntas, the total being 34 guntas. This block of land spearing length-wise north to south, came to be divided amongst the three brothers into three porti


















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