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2017 Supreme(Kar) 1422

JAYANT PATEL, S.SUJATHA
Deputy Conservator of Forests Office of The Deputy Conservator – Appellant
Versus
C. Srinivas (Since Deceased) By His L. Rs. – Respondent


Advocates Appeared:
For the Appellant :Sri Vasanth V. Fernandes, Government Advocate.
For the Respondents:Sri. K. Sreedhar, Advocate and Sri. M.S. Rajendra Prasad, Senior Counsel.

ORDER :

S. SUJATHA, J.

1. The appellants/defendants have preferred this Regular Second Appeal under section 100 of Code of Civil Procedure, 1908 challenging the judgment and decree passed by the II Additional District Judge, Mysuru in R. A. No. 7/2004 whereby the judgment and decree passed by the Principal Civil Judge (Sr.Dn), Mysuru in O.S.No.321/1995 is confirmed.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3. Original Plaintiff filed O.S.No.321/1995 against the defendants for declaration, possession and permanent injunction, mesne profits and costs. It was contended that plaintiff was the owner and in possession of the landed property in Sy.No.82, New Nos. 192, 193 and 194, totally measuring 17 acres 20 guntas described in the schedule to the plaint; this land was granted to his father by the 3rd defendant vide grant certificate dated 10.4.1956, the father of the plaintiff was put in possession of the same. After the death of his father in the year 1981, the plaintiff has become absolute owner of the suit schedule property. It was further contended that defendants 1 and 2 interfered with his peaceful possession of the suit sc





















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