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1995 Supreme(Kar) 139

C.N.ASWATHANARAYANA RAO, K.B.NAVADGI
KARNATAKA WAKF BOARD – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
K.S.Savanur, MOHAMMED FARUQ, Y.V.Parthasarathy

ASWATHANARAYANA RAO, J.

( 1 ) THIS is a defendant's appeal. The first respondent filed a suit in O. S. No. 1/1981 on the file of Court of the Additional Civil Judge, Bijapur against the appellant, who was the first defendant, and respondent Nos. 2, 2a, 2b and 3, who were defendant Nos. 2, 2a, 2b and 3 respectively for a declaration of its title to the suit property namely property bearing CTS No. 34b in Ward VI of Bijapur City, for a declaration that the Notification published by the first defendant under No. KTW 531, ASR/74/7490 dated 24-1-1976 and also the Gazette Notification at page No. 608 dated 8-7-1976 in Part VI relating to the suit property are illegal and void. Further, the plaintiff sought for a declaration that the order passed by the third defendant under No. WKF. SR. 6 (V) dated 10-1-1980 is illegal and void, for deletion of the entries in the revenue records in favour of the defendant Nos. 2 to 2b in respect of the suit property and for a permanent injunction restraining the defendant Nos. 1 and 2a and 2b from obstructing the plaintiff's possession over the suit property. As an alternative relief, the plaintiff prayed for a declaration of its title to the suit proper






























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