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2019 Supreme(Kar) 946

B.M.SHYAM PRASAD
Chandrappa – Appellant
Versus
Munishamappa – Respondent


Advocates Appeared:
M.S. Varadarajan, Adv., K. Abhinav Anand, Adv.

JUDGMENT :

B. M. Shyam Prasad, J.

This appeal is by the defendants in O.S.No.1842/2005 on the file of the I Additional Senior Civil Judge, Bengaluru. The respondents have filed the suit for ejectment of defendant Nos.1 to 3 from three shop premises each constructed in an area measuring East to West 10 feet and North to South 15 feet in Sy.No.94 of Upparahalli village, Kasaba Hobli, Hoskote Taluk and for a consequential relief of direction to the appellants to hand over the possession. The trial Court has dismissed the suit by its judgment dated 27.06.2011. However, the appeal filed by the respondents in R.A.No.285/2011 on the file of the VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru is allowed by the judgment dated 01.09.2018 decreeing the respondents' suit and directing the appellants to hand over the vacant possession of the three premises referred to above.

2. Smt. Hanumakka, under whom the respondents claim title to the subject properties was granted an extent of six guntas in Sy.No.94 of Upparahalli village, Kasaba Hobli, Hoskote Taluk. The respondents contend that the appellants trespassed into a portion of this land along its southern boundary

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