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2017 Supreme(Kar) 396

SREENIVAS HARISH KUMAR
Basavanthappa S/o Bharamappa Jainar – Appellant
Versus
Basavanneppa S/o Basappa Mattimani, Since Deceased By Lrs. – Respondent


Advocates Appeared:
For the Appellants : Sri. Avinash Banakar
For the Respondents: Sri. M.H. Patil, Sri. B.S. Hadimani

JUDGMENT :

These two appeals have been filed challenging the common judgment and decree dated:23.07.2005 in O.S.No.1/1995 and 31/1995 on the file of Senior Civil Judge, Ranebennur. RA 118/2005 was filed in the court of District Judge, Haveri. By virtue of order passed by this Court in C.P.28/2006, RA 118/2005 was withdrawn from the Court of District Judge, Haveri for being decided along with RFA 1275/2005. RA No. 118/2005 has been renumbered in this court as RFA No.100106/2017.

2. The appellants in RFA 1275/2005 are the plaintiffs in O.S. No.1/1995. The appellants in RFA No.100106/2017 are defendants No.1, 4 and 5 in O.S. No.31/1995. The case pleaded by the parties before the Trial Court has been summarized as below.

3. The subject matter of the suit O.S.No.1/1995 is 01.26 acres of land out of 4.37 acres in Re-survey No.47/2/A+B+C+D:1 of Puratkeri village, Hirekerur Taluk, Haveri District (referred to as suit property). In O.S.No.31/1995, the properties involved are the said agricultural land and a house property described in schedule A and B of the plaint.

4. O.S. No.1/1995 was filed for the reliefs of declaration that sale deed executed in favour of 1st defendant by the 2nd defendant






















































































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