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2019 Supreme(Kar) 825

H.P.SANDESH
N. Krishnamurthy – Appellant
Versus
Corporation of City of Bengaluru – Respondent


Advocates Appeared:
S. Channaraya Reddy, Adv., H.S. Dwarakanath, Adv., Ajit Kalyan, Adv., Vimala V., Adv., Ajith Kalyan, Adv., S.N. Prashanth Chandra, Adv.

JUDGMENT :

H.P. Sandesh, J.

These two appeals are filed by the plaintiff and defendant Nos.2 to 8 challenging the judgment and decree of the trial Court dismissing the suit and directing the first defendant to take appropriate action vide judgment dated 15.02.2007 passed in O.S.No.1130/1998 on the file of City Civil Court (CCH-12), Bengaluru.

2. The parties are referred in the original rank in order to avoid confusion.

3. Brief facts of the case.

    The subject matter involved in dispute in the suit is property bearing No.400/38, 10th Cross, Swimming Pool Extension, Sudheendranagar, Malleswaram, Bangalore-560 003, measuring East to West 30 feet and North to South 35 feet which consisted of a dwelling room in an area of 6' x 8' which is morefully described in the schedule to the suit.

4. The case of the plaintiff in the suit is that originally, the suit schedule property was purchased by the father of the plaintiff No.1 Late Sri Muniveerappa in the year 1984 under a Registered Sale Deed dated 20.10.1948 from Sri Chikkanna in terms of Exhibit P.1. The plaintiff No.1 is the only legal representative of late Muniveerappa who died on 02.04.1980 leaving behind the plaintiff and Muniveerappa's w

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