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2019 Supreme(Kar) 799

K.S.MUDAGAL
K. N. Sumatha – Appellant
Versus
Shankar – Respondent


Advocates Appeared:
C.R. Subramanya, Adv., Veeresha K., Adv.

JUDGMENT :

K.S. Mudagal, J.

This appeal of the plaintiffs arises out of the judgment and decree dated 22.09.2014 in Regular Appeal No.57/2013 passed by the Principal Senior Civil Judge & CJM., Mandya.

2. By the impugned judgment and decree, the First Appellate Court has dismissed the appeal of the plaintiffs and confirmed the judgment and decree dated 05.03.2013 in O.S.No.149/2008 passed by the Prl. Civil Judge, Mandya. By the said judgment and decree, the Trial Court dismissed the suit of the plaintiffs for permanent injunction.

3. Appellants were the plaintiffs and respondent was the defendant before the trial court. For the purpose of convenience, parties will be referred to henceforth as per their rankings before the trial Court.

4. The subject matter of the suit was the property bearing khata No.541/123/627 measuring 18 feet x 45 feet situated at Belur village, Kothathi Hobli, Mandya Taluk. Out of that, dispute is with regard to an open space measuring 3 ft x 45 ft, which according to the plaintiffs, formed part of eastern part of their property and lying on the western side of the defendant's property.

5. Plaintiff purchased khata No.541/123/627 of Belur village measuring 18 feet x

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