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2006 Supreme(Kar) 31

H.G.RAMESH
SHIVAPPA – Appellant
Versus
ADMINISTRATOR, MAHADEV TEXTILE MILLS, HUBLI – Respondent


Advocates Appeared
Sri F.S. Dabali, Advocate for Appellant;
Sri Laxman T. Mantagani, Advocate for Caveator/Respondent.

JUDGMENT

This second appeal is by the plaintiff being aggrieved by the judgment and decree passed by the Additional Civil Judge (Senior Division), Hubli in R.A. No. 62 of 1994 in confirming the judgment and decree passed by the Principal Munsiff, Hubli in O.S. No. 190 of 1987.

2. The plaintiff had filed a suit in O.S. No. 190 of 1987 for permanent injunction restraining the defendant from interfering with his peaceful possession of the suit property claiming that he is in possession and enjoyment of the suit property to the extent of 150 x 50 ft. in CTS No. 103 situated at Karwar Road, Rubli and running a firewood depot. Originally the property was in Sy. Nos. 107/1 and 107/2 belonging to one Desai family and since the plaintiff was obedient to them, they allotted the said property to the plaintiff and he is running firewood depot therein for more than 30-40 years since the time of his father. Alleging that the respondent-defendant is trying to take possession of the suit property unlawfully, he filed the suit for permanent injunction. According to the defendant, the suit property is vested with the Government by virtue of the Karnataka Co-operative Textile Mills (Acquisition and T









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