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2017 Supreme(Kar) 1421

S.N.SATHYANARAYANA
Shamanna Reddy – Appellant
Versus
Kodandarama Reddy – Respondent


Advocates Appeared:
For the Appellant : Sri. M.S. Varadarajan, for Legal Representatives.
For the Respondents:Sri. Bojanna K.J , Advocate. Sri. G. Papi Reddy, Advocate.

JUDGMENT :

S.N. SATHYANARAYANA, J.

1. This second appeal is filed by the original plaintiff in O.S. No. 307/1981 on the file of Principal II Civil Judge (Jr. Dn.), Bengaluru Rural District, Bengaluru, impugning the concurrent finding of both the Courts below in dismissing his suit.

2. The brief facts leading to this second appeal are as under:

2.1 The original plaintiff filed the suit stating that his father, Lakshmaiah, acquired the land in Sy. No. 60/1 measuring 01 Acre 13 guntas situate at Konappana Agrahara, Begur hobli, Bengaluru South Taluk, from one Thimmaiah. The said Lakshmaiah during his lifetime was in possession and enjoyment of the said property and after his death, the plaintiff continued to be in possession of the same. However, the plaintiff filed the suit in respect of an extent of 5 guntas only in the aforesaid Sy. No. 60/1. According to the plaintiff, the defendant, who had no manner of right, title or interest in respect of the suit property, tried to put up construction in the suit property and hence, he was constrained to file the suit for permanent injunction against the defendant.

2.2 Subsequently, the plaintiff got amended the plaint several times and got implea



























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