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2019 Supreme(Kar) 1800

H.B.PRABHAKARA SASTRY
S. Nagireddy – Appellant
Versus
Malleswaram Tailoring Co-Operative Society Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. S.Subramanya for Upasana Associates
For the Respondent:Sri. G.Balakrishna Shastry, Advocate

JUDGMENT :

This is a plaintiff’s appeal. The suit of the plaintiff in O.S.No.7539/2004 filed against the present respondents arraigning them as defendants in the Court of the XVII Additional City Civil and Sessions Judge, (CCH16), Bangalore City, (hereinafter for brevity referred to as “Trial Court”) for the relief of permanent injunction came to be dismissed with costs of Rs.10,000/- by the judgment and decree dated 06-10-2012 of the Trial Court. It is against the said impugned judgment and decree, the plaintiff has preferred this appeal.

2. The summary of the case of the plaintiff in the Trial Court was that, he purchased the suit schedule property which is an immovable property bearing Survey No.28/2 in Kammagondanahalli, Yeshwanthapura Hobli, Bangalore North Taluk and measuring one acre, as an agricultural land under a Registered Sale Deed dated 26-02-1992 from its erstwhile owner - Sri. R. Munivenkatappa. All the revenue records were got transferred to the name of the plaintiff and that he has been in possession and enjoyment of the suit schedule property since the date of purchase of the suit property till now.

The Government of Karnataka initiated proceedings under Section 79 o

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