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2014 Supreme(Kar) 182

ASHOK B.HINCHIGERI
H. A. Venkataswamappa – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared
For the Appellant:(By Sri M.Ram Bhat, Sr.Counsel for Sri G.S.Patil, Advocate)
For the Respondent: (By Smt.B.P.Radha, HCGP)

JUDGMENT

This appeal is preferred by the plaintiff aggrieved by the dismissal of his suit (O.S.No.422/2006) by the Court of the Civil Judge (Sr.Dn.) and JMFC, Anekal by its judgment and decree, dated 14.8.2009.

2. The plaintiff’s version in brief is that the plaintiff’s father Sri Chikkannaiappa was in peaceful possession, cultivation and enjoyment of the plaint ‘A’ and ‘B’ schedule lands from 1957-58. His father has been in possession, occupation and enjoyment of schedule ‘C’ lands from 1950. On the death of his father in 1978-79, the plaintiff continued to be in possession of the three schedule lands. He filed the suit seeking the relief of declaration that he has perfected his title by way of adverse possession. He also sought the relief of permanent injunction restraining the defendants (respondents herein) from interfering in his possession and enjoyment of the schedule lands.

3. For the reasons best known to themselves, the respondents did not take part in the suit proceedings. They were placed exparte. Based on the pleadings in the plaint, the Trial Court formulated the following points for its consideration:

1. Whether the plaintiff proves that he has perfected his title an




































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