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2012 Supreme(Kar) 483

H.BILLAPPA
T. Thippaiah – Appellant
Versus
Gopamma – Respondent


Advocates Appeared:
For the Appellant:M.S. Narayana Rao Mahadevaiah, Advocate.
For the Respondents:R3, B.S. Raghu Prasad, R5, M. Karunakar, R6, N.S. Sanjay Gowda, Advocates, R1, Served, R4, Deleted.

Judgment :-

1. This appeal is by the plaintiff is directed against the judgment and decree, dated 24.03.2009, passed by the I Addl. City Civil and Sessions Judge, Bangalore, in O.S.No.3352/1986.

2. By the impugned judgment and decree, the Trial Court has dismissed the suit of the plaintiff.

3. Aggrieved by that, the appellant/plaintiff has filed this appeal.

4. The respondents are defendants 1 to 6 in the Trial Court. The parties will be referred with reference to their rank in the original suit O.S.No.3352/1986.

5. Briefly stated the facts are:

The appellant/plaintiff filed suit in O.S.No.3352/1986 for mandatory injunction, specific performance and declaration that the sale deed executed by the defendants1 and 2 in favour of the sixth defendant is not binding on the plaintiff. The case of the appellant/plaintiff was that the defendants 1 and 2 are the owners of Sy.No.57/2 of Agrahara Dasarahalli village. The defendant No.3 is the Power of Attorney Holder of defendants 1 and 2. The defendants 1 and 2 formed several sites in Sy.No.57/2 and entered into sale agreement with the plaintiff on 28.12.1974 agreeing to sell and reconvey site No.28 formed in Sy.No.57/2 measuring 40' x 60' for





























































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