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2015 Supreme(Kar) 440

ANAND BYRAREDDY
Annapurnamma – Appellant
Versus
Sarojamma – Respondent


Advocates:
Advocate Appeared:
Shri. B.N. Anantha Narayana, Advocate.
Shri. C.R. Gopalaswamy, Advocate.

JUDGMENT

These appeals are by the defendant in the suit. The same are heard and disposed of by this common judgment.

2. It was the case of the plaintiff that house bearing no.12, M.N. Krishna Rao Road, Basavanagudi, Bangalore, originally belonged to one Settru Sangappa. The plaintiff and the defendant were his daughters. It transpires that Sangappa had gifted that portion of the property demarcated in plaint Schedule ‘A’ to the plaintiff and the portion demarcated in plaint Schedule ‘B’ in favour of the defendant.

The plaintiff is said to be a resident of Mysore city. It was alleged that taking advantage of her absence, the defendant had attempted to encroach on a portion of Schedule ‘A’ property by putting up a wall and usurp a portion of the plaintiff’s property. The plaintiff had thus filed the suit seeking the relief of declaration and permanent injunction, as the defendant is said to have subsequently completed the act of putting up the wall, the plaintiff had also sought for a mandatory injunction seeking the demolition and removal of the obstruction. It was claimed that by the act of the defendant the plaintiff was denied access to and the use of two lavatories and a jackfruit


























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