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2019 Supreme(Kar) 810

H.B.PRABHAKARA SASTRY
Muniyamma – Appellant
Versus
Jayaram – Respondent


Advocates Appeared:
M.S. Varadarajan, Adv., Y.K. Narayana Sharma, Adv.

JUDGMENT :

H.B. Prabhakara Sastry, J.

The present appellants in their capacity as plaintiffs in the Court of the XXIV Additional City Civil and Sessions Judge, Bangalore City, (C.C.H.No.6) (hereinafter for brevity referred to as "Trial Court") arraigning the present respondent as defendant, had instituted an Original Suit in O.S.No.7298/1995, for the relief of declaration to declare that Survey No.32/3 of Gangenahalli Village, Bangalore North Taluk, extends even beyond existing drainage put up in Sy.No.32/3 to an extent of 3,950 sq.ft. equivalent to 03 guntas; to direct the defendant to deliver possession of the suit schedule property to the plaintiffs; to direct the defendant to remove the un-authorised construction put up in the suit schedule property and for the relief of permanent injunction. Challenging the said judgment, the plaintiffs in the Court below have preferred this appeal.

2. The summary of the case of the plaintiffs in the Trial Court was that, the original plaintiff-Smt. Muniyamma, W/o. late Vasanthappa had acquired several landed properties including land bearing Survey No.32/3 of Gangenahalli Village, Kasaba Hobli, Bangalore North Taluk, through a registered Sale De

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