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2010 Supreme(Kar) 1078

SUBHASH B.ADI
Rajamma – Appellant
Versus
Hanumakka since dead by her LR – Respondent


Advocates appeared:
Sri T.N. Vishwanatha, for Appellants;
Sri M. Jayaprakash Reddy, for Respondents-2, 4-7.

JUDGMENT

Subhash B. Adi, J : This appeal is by the legal representatives of defendant No.1 and defendant No.2 against the Judgment in O.S. No. 1401/1980 date 9.9.2005 on the file of the XXIV Additional City Civil Judge, Bangalore city.

2. Parties are referred as per their ranking in the Trial Court.

3. The suit is one for declaration of title over the suit schedule 'c' property and for mandatory injunction directing the defendants to remove unauthorised construction on suit schedule 'c' property and for possession of the same with mesne profits and costs.

4. The case of the plaintiff is that, property bearing No. 109 (Old No.145) shown as ABCDEF in rough sketch produced alongwith the plaint and described as 'A' schedule property measuring 35 feet East-West and 44 feet North-South consisting of 6 Ankanas mud roof structure and vacant land, belonged to the plaintiffs great grand father Lakshmaiah. The said Lakshmaiah had two daughters viz., Yellamma and Muniramakka. After the death of Lakshmaiah, his daughters got divided the said property. 'A' schedule property fell to the share of Muniramakka and the house lying to its south fell to Yellamma's share. Muniramakka had a son by name Gali



























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