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2017 Supreme(Kar) 255

B.VEERAPPA
A. Krishnappa – Appellant
Versus
Venkataramanappa, S/o Late Sri. Chinnappa – Respondent


Advocates Appeared:
For the Appellant : Sri S. Mohan
For the Respondents: Sri M. Mohan Rao

JUDGMENT :

The plaintiff filed the present Miscellaneous First Appeal against the order dated 03.12.2016 rejecting interlocutory application filed under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, in O.S.NO.9014/2015.

2. It is the case of the appellant/plaintiff that the suit schedule property belongs to his father. After his death, revenue records were standing in the name of the plaintiff. Defendants or any other person have no right in the suit schedule property and they are trying to trespass with an intention to make illegal benefit.

Though complaint was lodged to the jurisdictional police, the police advised the plaintiff to approach the Civil Court for redressal of his grievance. The defendants are influential persons in the area having support of both men and material. Therefore, he filed a suit for injunction.

3. The defendants filed written statement, denied the plaint averments and contended that the defendants are the owners of khaneshumari No.16. The plaintiff has given wrong boundaries including khaneshumari No.16 and according to the defendants they are the owners of khaneshumari No.16 under a partition deed dated 14.11.1953. Therefore,










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