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2013 Supreme(Kar) 843

A.S.PACHHAPURE
Thippeswamy – Appellant
Versus
Rangappa – Respondent


Advocates Appeared:
For The Appellants:P. D Surana, Advocate.
For the Respondents:G. Balakrishna Shastry, Advocate.

Judgment :

1. The appellants have challenged the dismissal of their suit in OS No. 8/2004 and judgment and decree For injunction against them in OS No.163/2002 granted by the trial Court and confirmed in the appeals by the First Appellate Court.

2. The facts relevant for the purpose of these appeals are as under:

For the sake of convenience, the parties will be referred by their names.

Late Odo Nagappa and his wife Rangamma had no male issues. Nagamma the second plaintiff in O.S.No.8/2004 and second defendant in O.S.No.163/2002 and Muddamma are the two daughters of the aforesaid couple, whereas plaintiff No.1 in OS No.8/2004 and the first defendant in the other suit is Thippeswamy, the son of Nagamma. Late Odo Nagappa was the owner in possession of Sy.Nos.114/4, 111/5 and 108/3. Odo Nagappa died approximately 50 years prior to the suit. After his death, his wife Rangamma inherited the properties left by her husband. On the death of Odo Nagappa, she came in possession of the suit properties and after the marriage of her daughters in the same village she gifted the land bearing Sy.No.111/5 and northern portion of Sy.No.114/4 to Nagamma, whereas, the southern portion in Sy.No.114/4 measur
































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