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2013 Supreme(Kar) 842

K.N.PHANEENDRA
Sumitra Bai – Appellant
Versus
P. Siddesh – Respondent


Advocates Appeared:
For the Appellant:R. Shivachandra Naik, Advocate.
For the Respondents:R1, Basavaraj Kareddy, Advocate.

Judgment :

1. The rank of the parties as per their ranks before the Trial Court are retained for the purpose of easy understanding and for avoiding confusion.

2. BRIEF FACTUAL MATRIX AS PER PLEADINGS:

“The plaintiff has filed a Suit for declaration of his title and for permanent injunction against the defendants 1 & 2 pertaining to the site bearing No.56/1-B, Janjar No.173 and property No.22 of Agrahara Village, Banawara Hobli, Arsikere Taluk, Hassan District, measuring East to West 40’ and North to South 30’ having specific boundaries towards East- Sharadamma’s site No.56/1-A, West – Sharadamma’s site No.56/2, North – Galli and South – road. The plaintiff has claimed the said property on the basis of a grant by Manakaturu Mandal Panchayath vide Hakkupatra dated 18.2.1991. Since the date of the said grant, the plaintiff has been paying kandayam and is in possession and enjoyment of the same alleging that the defendants interfered with the possession of the plaintiff, suit came to be filed in the year 1996.”

3. The defendants 1 & 2 having appeared before the Trial Court, contested the suit by filing their written statement denying the title and possession of the plaintiff over the suit













































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