ANAND BYRAREDDY
Sharadamma – Appellant
Versus
R. Vishwanath – Respondent
This is an appeal by the plaintiff. The parties are referred to by their rank before the trial court for the sake of convenience. The suit of the plaintiff was filed for the following declaratory reliefs, for possession and consequential injunction:
a. That a sale deed dated 29.3.1985, executed by her husband, S. Ranoji Rao in favour of the first defendant as being null and void
b. That a gift deed dated 26.06.2003 vide document No.1463/2003-04 recorded in C.D.No.18, registered before the Sub-Registrar, Srirampuram, Bangalore, executed by the first defendant in favour of the second defendant as being null and void.
c. That a bifurcation order dated 3.9.2003 passed by the third and fourth defendants as being null and void.
d. To declare the plaintiff as the owner of the suit property as per sale deed dated 3.6.2003, executed by the Karnataka Housing Board in favour of the plaintiff.
e. For possession of the suit property and
f. For injunction restraining the defendants 1 & 2 from alienating the suit property.
2. The facts as stated by the plaintiff are as follows:
The plaintiff having died during the pendency of the suit, the same has been prosecuted by the widow and child
Ram Pyare vs. Ram Narain and others AIR 1985 SC 694
Jharu Ram Roy vs. Kamjit Roy and others (2009) 4 SCC 60
Jumma Masjid v. Kodimaniandra Daviah
Hardev Singh vs. Gurmail Singh (Dead) by LRs (2007) 2 SCC 404
State of Karnataka v. Seenappa
Kartar Singh (Dead) by LRs and others vs. Harbans Kaur (1994) 4 SCC 730
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