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2015 Supreme(Kar) 396

B.VEERAPPA
MALA @ MALAWWA – Appellant
Versus
IRAPPA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner - Sri. SANGRAM S KULKARNI ADV. AND SRI.VIVEK C.GRAMOPADHYA ADV.
For the Respondents - Sri. GIRISH A YADWAD ADV. FOR R1-R5.

ORDER :

The petitioners, who are the defendants filed the above Civil Revision Petition against the order dated 12.08.2013 on I.A. No.II made in O.S. No.20/2011, rejecting the application filed under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’).

2. Respondents Nos.1 to 5, who are the plaintiffs in the trial court, filed the suit for declaration that they are the owners of the suit schedule property, more fully described in paragraph No.2 of the plaint and also sought for an alternative prayer that if the Court comes to the conclusion that the plaintiffs have not become the full owners of suit land in view of M.E. Nos.363 and 399, then, it may kindly be declared that plaintiffs have become the owners of the suit land by way of adverse possession and consequently, for permanent injunction, contending that the plaintiffs are owners and in actual possession and enjoyment of the suit land. The defendants have no right, title or interest of whatsoever manner in the suit land. Prior to 1975, father of plaintiffs and father of defendants were forming a joint family. So, the then existed genealogy of the joint family is furnished in Schedule ‘









































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