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2008 Supreme(Kar) 359

K.L.MANJUNATH, B.V.NAGARATHNA
Allamaprabhu – Appellant
Versus
Baburao – Respondent


Advocates appearing for:
Appellants: Sri S.J. Puranik, Smt. K.S. Nagarathna, Advs.

JUDGMENT

This appeal is filed by the plaintiff who had filed O.S. No.205/2002 on the file of the Addl. Civil Judge (Sri.Dn) Jamkhandi, seeking a Judgment and Decree against the defendant / respondents for declaring Sale Deeds dt.12.2.2001, executed by the defendant No.1 in favour of defendant No.2, as illegal, null and void in respect of suit properties and an order of perpetual injunction against defendant Nos. 1 to 6, not to dispossess the plaintiff from the suit properties. The said suit was dismissed by the Trial Court. Aggrieved by the said Judgment and Decree, the plaintiff has filed this Appeal.

2. We have heard the learned Counsel for the appellant. For the sake of convenience, the parties shall be referred to in terms of their status before the Trial Court.

3. According to the plaintiff, defendant No.1 is his younger brother and defendant Nos.2, 3 and 4 are the purchasers of suit lands bearing R.S. No.10/1, measuring 5 guntas; R.S No.11/1, measuring 7.02 acres and R.S. No. 30/3 measuring 06 guntas, in which defendant No.1 has half-share in four-fifth of the said lands. Similarly fifth defendant is also purchaser of lands bearing R.S. No. 14/1, measuring 5.05 Acres; R.S. N


































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