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2007 Supreme(Kar) 329

SUBHASH B.ADI, S.R.BANNURMATH
RAJ A. MENDA – Appellant
Versus
RANI RASAMANI REAL ESTATE, NELLORE – Respondent


Advocate Appeared
Sri Udaya Holla for M/s. Holla and Holla, Advocates for Appellants;
Sri Batra and Smt. B.R. Dhanalakshmi for M/s. Nandi Law Chambers, Advocates for Respondents.

Subhash B. Adi, J.,

JUDGMENT

This is an appeal against the judgment and decree dated 15th March, 2006 in O.S. No. 3132 of 2004 on the file of the XXIV Additional City Civil Judge, Bangalore (CCH-6).

2. Appellants were the plaintiffs before the Trial Court. Suit is one for declaration, (i) declaring, that the defendants, their men, agents or anyone claiming through or under them are not entitled to sell, mortgage, lease, jointly develop or in any way alienate or part with the possession of the schedule property or to have any transaction of whatsoever nature in respect of schedule property with the third party except the plaintiffs.

(ii) grant an order of permanent injunction restraining the defendants, their men, agents or anyone claiming through or under them from selling, mortgaging, leasing, jointly developing or in any way alienating or in any way parting with the possession of the schedule property of having transaction of whatsoever nature in respect of the schedule property with any third party except the plaintiffs therein.

(iii) direct the defendants to pay the cost of the suit and grant such further reliefs as the Court may deem fit.

3. Parties will be referred to as their rank


















































































































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