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2013 Supreme(Kar) 1385

S.N.SATYANARAYANA
Sujatha – Appellant
Versus
Radhabai – Respondent


Advocates Appeared:
For The Appellant : Mrutyunjay Tata Bangi, Adv.
For The Respondents: S.R. Hegde, Adv.

JUDGMENT

S.N. Satyanarayana, J.

1. These two appeals are arising out of the common judgment and decree dated 18.02.2010, passed in R.A. Nos. 2/2007 and 3/2007, on the file of Civil Judge (Sr.Dn), Haveri, wherein the judgment and decree passed in OS. No. 101/2004 for the relief of specific performance is confirmed by dismissing R.A. No. 3/2007 and rejection of the suit for the relief of injunction filed by the appellants herein is dismissed in confirming the dismissal of the suit in O.S. No. 81/2004, by dismissing R.A. No. 2/2007.

2. The brief facts leading to these two second appeals are as under:

The appellant in RSA. No. 5368/2010 is defendant in OS. No. 101/2004 filed for the relief of specific performance of land bearing Sy. No. 234/1 + 2/1 of Hulagur village measuring 1 acre 10 guntas. The appellants in RSA. No. 5369/2010 are plaintiffs in OS. No. 81/2004 filed for the relief of permanent injunction against plaintiffs in OS. No. 101/2004, alleging threat to the peaceful possession and enjoyment of the suit schedule property i.e., the land bearing Sy. No. 234/1+2/1 measuring to an extent of 1 acre 10 guntas situated at Hulagur village, Shiggaon Taluka.

3. The admitted facts are that

























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