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2020 Supreme(Kar) 1103

SACHIN SHANKAR MAGADUM
Sharanayya – Appellant
Versus
Shekharayya – Respondent


Advocates Appeared:
Shrivaraj P Mudhol, Advocate

JUDGMENT

Sachin Shankar Magadum, J. - The top noted second appeal is fi led by the defendant questioning the judgment and decree dated 20.12.2019 passed in R.A.No.109/2015 confirming the judgment and decree dated 16.09.2015 passed in O.S.No.68/2007.

2. The facts leading to this second appeal are as under:

    The father of respondent Nos.1 & 2 namely Shekharayya filed O.S.No.68/2007 for declaration and injunction by speci fical ly contending that he is the sole heir of late Shivagangavva and her son Mahantayya and as such he has acquired val id right and title over the suit schedule properties and consequently prayed for rel ief of injunction restraining the present appel lant/defendant from interfering with his possession and enjoyment over the suit properties. The original plaintif f Shekharayya speci fically averred in the plaint that after death of Shivagangavva and Mahantayya, he appl ied for change in Katha. The said varadhi was objected by present appel lant/defendant. Basing this as a cause of action, the present suit in O.S.No.68/2007 is filed by the father of respondent Nos.1 and 2 namely Shekharayya. The original plaintif f Shekharayya speci fical ly averred in the plaint tha

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