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2019 Supreme(Kar) 1423

H.P.SANDESH
K. S. Basavanagowda, S/o Sri. S. Shivamurthappa – Appellant
Versus
Prahlada Rao, S/o J. V. Raghavendra Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI M.L. GOWDA, ADVOCATE
For the Respondent:SRI P. THULASIPATHI NAIDU, SRI S.R. MURALIDHAR, ADVOCATE

JUDGMENT :

R.F.A.No.784/2013 and R.F.A.No.785/2013 are filed challenging the judgment and decree dated 29.9.2012 passed in O.S.No.7102/2009 and O.S.No.7174/2009, respectively on the file of the XLI Additional City Civil Judge, Bangalore (CCHNo.42).

2. The parties are referred to as per their original rankings before the Court below to avoid the confusion and for the convenience of the Court.

3. The plaintiff in O.S.No.7102/2009 filed the suit for the relief of declaration and permanent injunction contending that the plaintiff is the absolute owner in possession and enjoyment of the suit schedule property, which is morefully described in the schedule. The property in Survey No.39 of Yelachenahalli Village, Uttarahalli Hobli, Bangalore South Taluk, is the ancestral property of the vendor of the plaintiff Sri A. Shankar, who has acquired the said property and other composite properties through registered sale deed dated 13.5.1973. During his life time, his father Dr. H. Anjanappa had alienated the property bearing Survey No.39 to the extent of 1 acre 30 guntas and in Survey No.40/1 to the extent of 1 acre 30 guntas, in total extent of 3 acres through registered sale deed dated 18.9.1987

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