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1983 Supreme(Kar) 75

G.N.SABHAHIT
LALITHAKSHI ANNADANAGOWDA – Appellant
Versus
SADASH1VAPPA BASAPPA – Respondent


Advocates:
D.S.Hosmath, T.S.RAMACHANDRA RAO

G. N. SABHAHIT, J.

( 1 ) THIS revision petition is by the defendant and is directed against the judgment dt. 6th Octr. , 1982, passed by the Civil judge, Bagalkot, in MA No. 15/82 on his file allowing the appeal on setting aside the order passed by the Munsiff, Bagalkot on IA I in OS No. 130/82 on his file, vacating the ex parte temporary injunction order granted in favour of the plaintiffs on 15-7-1982.

( 2 ) THE plaintiffs were the owners of the property TP No. 141. They sold the eastern portion measuring 30' x 50" to the defendant under a registered sale deed dt. 10-4-1978. In the sale deed, the first item of the property sold is shown as the building portion measuring 30' x 36' and the second item is shown as open space measuring 30' x 14'. It is not in dispute that after the defendant purchased the second item open space, she has put up a construction over the same. There arose, however, dispute between the parties when the defendant constructed a septic tank measuring 10'5"x 4'5" in the space towards the southern side of the two latrines of the plaintiffs for her use, alleging that the space constituted the 3rd item sold to her. The plaintiffs instituted a suit on the averment




















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