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2013 Supreme(Kar) 1260

H.BILLAPPA
D. N. L. ENTERPRISES – Appellant
Versus
MISS CHITRALEKHA THUMBOOCHETTY – Respondent


Advocates:
Advocate Appeared:
P.H. Ramalingam, B.L. Acharya, for the Appellant
Santosh Gogi, M/s. Holla & Holla Assts., for K. Suman, R. Nataraj, for the Respondent

JUDGMENT

H. BILLAPPA, J.-These two appeals are directed against the judgment and decree, dated 27.03.2008, passed by the XI Addl. City Civil Judge, Bangalore City, in O.S. No. 1848/2000.

2. By the impugned judgment and decree, the Trial Court has decreed the suit of the plaintiffs and has directed the defendants to vacate and hand over actual possession of the suit schedule property to the plaintiffs within one month. The enquiry regarding mesne profits also has been ordered.

3. Aggrieved by that, the appellants-defendants 1 to 7, 9 to 14, 16 and 17 have filed RFA. No. 596/2008. RFA. No. 1308/2008 has been filed by the State Bank of Mysore which is not a party to the proceedings.

4. The appellants in RFA No. 596/2008 are the defendants 1 to 7, 9 to 14, 16 and 17, the respondents 1 to4 are the plaintiffs and the respondents 5 and 6 are the defendants 8 and 15 before the Trial Court.

5. The parties will be referred to with reference to their rank in the original suit O.S. No. 1848/2000.

6. Briefly stated the facts are:

The respondents 1 to 4 i.e., the plaintiffs filed suit in O.S. No. 1848/2000 for recovery of possession of the schedule property from the defendants and for mesne profits and

















































































































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