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2018 Supreme(Kar) 598

SREENIVAS HARISH KUMAR
Chandrashekar. A. N, S/o Narasimhappa – Appellant
Versus
G. K. Sunandamma, W/o Mr. T. Ramalingappa, D/o Sri R. Kamalinge Gowda – Respondent


Advocates Appeared:
For the Petitioners: Sri Kalyan.R, Adv.
For the Respondents: Smt. Manjula L. Adv.

JUDGMENT :

1. Heard the appellant’s counsel and respondent’s counsel.

2. This appeal is filed by the defendant aggrieved by the order dated 13.10.2017 on I.A.Nos.1 and 2. The defendant filed the I.A.No.1 under Order 39 Rules 1 and 2 of CPC and I.A.No.2 under Order 39 Rule 4 of CPC. By the impugned order, the trial Court restrained the defendant from interfering with plaintiff’s peaceful possession and enjoyment of the suit property and also from dispossessing the plaintiff’s from the suit property without due process of law by allowing I.A.No.1. The trial Court rejected the I.A.No.2 filed by the defendant.

3. The plaintiff filed the suit in respect of Site No.14, Khatha No.152 formed in Sy. No.41/4, Singaiana palya Village, Devasandra Dhakle, Mahadevapura Post, K.R.Pura Hobli, measuring East to West 35 feet and North to South 40 feet. The plaintiff’s claims the ownership over to the suit property through a registered Sale Deed dated 25.02.1994. She claims to have obtained the revenue records transferred to her name. She alleged interference by the defendant’s and therefore she filed the suit.

4. In the written statement. the defendant contended that originally the site measuring East t






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