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2016 Supreme(Kar) 6

B.V.NAGARATHNA
G. Gopal Krishna – Appellant
Versus
K. Basheer – Respondent


Advocates Appeared:
Satish M.S. & Santosh M.S., Advs.
Hanumantha Reddy Sahukar, Adv.

JUDGMENT

1. Though this appeal is listed for admission, with the consent of learned counsel for parties, the appeal is taken up for final disposal.

2. The defendant in O.S.No.205/2005 has preferred this second appeal, assailing judgment and decree passed in R.A.No.71/2007 dated 25/2/2010 by Addl. Civil Judge (Sr.Dn.) at Hospet, allowing the appeal and decreeing the suit of the plaintiff by setting aside the judgment and decree dated 20/7/2007 passed by the Addl. Civil Judge (Jr.Dn.) & JMFC, Hospet, in O.S.No.205/2005.

3. For the sake of convenience, the parties shall be referred to, in terms of their status before the trial court.

4. Respondent/plaintiff filed a suit seeking a decree of permanent injunction against the appellant herein in respect of suit property, which is land bearing Sy.No.46, measuring 1.84 acres, situated at No.10, Muddapura Village. According to the plaintiff, his grandfather by name Ismail Sab, was cultivating the said land as a tenant and thereafter the plaintiff. After the promulgation of the Karnataka Land Reforms Amendment Act, 1974, plaintiff has continued cultivating the land and has been in possession of the said land. Plaintiff has filed Form No.7A be
























































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