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2020 Supreme(Kar) 1320

PRADEEP SINGH YERUR
Ebrath Beig – Appellant
Versus
Naseem Khatum – Respondent


Advocates Appeared:
Shaik Ismail, Advocate, N. Nasrullah Khan, Advocate

JUDGMENT

Pradeep Singh Yerur, J. - This Regular Second Appeal is filed by the appellant/plaintiff against the Judgment and Decree dated 30.09.2015 in RA No.130/2012 on the file of the Senior Civil Judge And JMFC, Chintamani, dismissing the appeal and confirming the Judgment and Decree dated 31.10.2012 passed in OS No.411/2008 on the file of the Principal Civil Judge And JMFC, Chintamani.

2. The parties shall be referred to as per their rank before the trial Court for the sake of convenience.

3. The brief facts of the case are as follows:

    (a) The plaintiff had filed a suit against the defendant for the relief of declaration and for consequential relief of permanent injunction restraining the defendant from obstructing plaintiff s peaceful possession and enjoyment of the property bearing Sy. No. 3, measuring 0.30 guntas situated at Kurutihalli Village, Kasaba Hobli, Chintamani Taluk.

      (b) It is the case of the plaintiff that originally the suit schedule property belonged to Government and as the plaintiff s father was in possession and enjoyment of the suit schedule property, his father applied for grant of the suit schedule property. Accordingly, suit schedule property was granted in

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