N.D.V.BHATT
B. P. SADASHIVAIAH – Appellant
Versus
PARVATHAMMA – Respondent
( 1 ) IN this appeal, the appellant has challenged the judgment anddecree dated 30-1-1990 passed by the xv additional city civiljudge, Bangalore in o. s. no. 2701 of 1981. By the saidjudgment, the lower court dismissed the suit of the plaintiff.
( 2 ) THE facts relevant for the disposal of this appeal, brief lystated, are as under: plaintiff filed a suit at o. s. no. 2701 of 1981 against thedefendants praying for a decree for permanent injunctionrestraining the defendants from dealing with the scheduleproperty in any manner including entering into sale transactionwith regard thereto or otherwise making waste or causing anyencumbrances thereon and for other reliefs referred to in theprayer column. The suit schedule property is a house bearingno. 278, hosahalli extension, Bangalore measuring east towest 37'. 6" and north to south 45' having the boundary referredto in the schedule. It is not in dispute that the said property wasallotted to the husband of defendant 1 in the year 1963 by thekarnataka housing board (for short 'khb') and a regular saledeed was executed in favour of the husband of defendant 1 on20-11-1979 by virtue of ex. D. 56. However, it is the case of
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