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2010 Supreme(Kar) 834

ANAND BYRAREDDY
K. Manjunath – Appellant
Versus
Basavaraj – Respondent


Advocates appeared:
For the Petitioner:Ameet Kumar Deshpande, Advocate.
For the Respondents:R1, Mrs. Anita Kulkarni, Advocate.

Judgment :-

The writ petition coming on for preliminary hearing in ‘B’ group is considered for final disposal, having regard to the facts and circumstances of the case.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. The petitioner herein is the first defendant in a pending civil suit, which is filed by the respondent No.1 herein, for the relief of declaration of ownership and injunction. The declaration sought is that a registered gift deed is not binding on the plaintiff. It is the case of the plaintiff-respondent no.1 that the family of the plaintiff while joint, had acquired plot No.70 to run a business and although the allotment was made in the name of defendant No.2, there was a partition, wherein it was alleged that the said plot land was allotted to the plaintiff and his brother and that, there was also a compromise entered into between the plaintiff and defendant No.2 in another civil suit in O.S.No.539/2006 dated 12.10.2007. The suit was contested and the plaint averments were denied. During the course of evidence, the plaintiff-respondent no.1 sought to produce a document which was styled as a partition deed. On an objection



















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