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1994 Supreme(Kar) 169

P.KRISHNA MOORTHY
B. V. SUBBACHARI – Appellant
Versus
B. K. JOYAPPA – Respondent


Advocates:
D.S.JOSHI, M.B.PRABHAKAR, R.V.Nayak

P. KRISHNA MOORTHY, J.

( 1 ) THE revision petitioners are the defendants in the suit. The suit is filed for a permanent injunction restraining the defendants from interfering with the possession of the plaintiffs over the plaint schedule properties which is 3. 45 acres in Sy. No. 194 of Bemblur village. The allegation in the plaint is, that the plaintiffs are the absolute owners in possession of the above lands and that it was purchased under a sale deed dated 23-5-1986 from one T. K. Doddappa and T. K. Thammaiah who are the children of late Komari Gowda, who died in 1980. The defendants attempted to trespass on the plaint schedule property on 22-7-1987 and accordingly, a suit was instituted for permanent injunction. Along with the suit, the plaintiffs also filed an application for temporary injunction under Order 39, rules 1 and 2 restraining the defendants from interfering with the plaintiffs possession.

( 2 ) THE defendants filed a written statement denying the plaintiffs title and possession. According to them, the first defendant and his predecessor-in-title were cultivating about 1 acre of land which belongs to a temple known as 'benathamma and Kalle Devaru Temple' for more t
















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