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2020 Supreme(Kar) 1748

R.DEVDAS
T R Srinivasan, S/o Late T. K. Ramaswamy Iyengar – Appellant
Versus
State of Karnataka by Its Additional Secretary Department of Industries and Commerce Vikas Soudha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri G Narayana Rao, Advocate
For the Respondent:Sri H K Basavaraj, Aga, Sri K B Monesh Kumar, Advocate, Sri S N Bhat, Advocate

ORDER :

R. DEVDAS, J.

Though the matter is listed for “Hearing-Interlocutory Application”, with the consent of the learned counsels on both the sides, the petition is heard and disposed of finally.

2. The contentions of the petitioners is that they are the owners of the land bearing Sy.No.10, measuring 166 acres 37 guntas. Out of that about 13 acres 34 guntas of agricultural land was sold in favour of Sri.Annapppa S/o Basappa and Sri.Gangappa S/o Sanganna in the year 1974. Later, the said Sri. Annappa and others raised dispute with regard to the kharab portion of the land attached to the land that was sold in their favour and with respect to another 7 acres of land, before the Civil Court at Kaduru and Tarikere. It is stated that the petitioners succeeded before the trial Court. The regular appeal in R.A.No.14/1997 was dismissed on 17.12.2009. Further, the regular second appeal in RSA No.759/2010 was also dismissed on 28.08.2013. It is therefore the contention of the petitioners that there is a declaration by the competent civil Court and this Court that the petitioners herein sold only an extent of 13 acres 34 guntas of land, in Sy.No.10 under the registered sale deed dated 30.10.197

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