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2021 Supreme(Kar) 123

S.SUNIL DUTT YADAV
Noor Aftab Parveen, W/o Late Sri Syed Ali – Appellant
Versus
H. N. Chandrashekar, S/o Late H. G. Nagappa, Since deceased by his LR’s – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri M.V.Hiremath, Advocate
For the Respondent:Sri G.Balakrishna Shastry, Advocate for Sri H.S.Chandramouli, Advocate

JUDGMENT :

This appeal is filed calling in question the judgment and decree dated 27.02.2015 passed by the I Additional District Judge, Chikkamagaluru in R.A.No.213/2011 affirming the judgment and decree dated 26.11.2010 passed by the Senior Civil Judge and Prl. JMFC, Tarikere in O.S.No.95/2006, whereby the suit filed by the plaintiffs seeking recovery of possession of suit schedule properties from the defendants and for award of mesneprofits from the date of suit till the date of delivery of possession, has been dismissed.

The parties are referred to by their ranks before the trial Court for the purpose of convenience.

1. Facts of the case:-

    (i) The plaintiffs are the children of late Smt.Tairunnisa and seek to assert their rights with respect to the suit schedule properties that belonged to her. It is stated that the suit schedule properties had fallen to the share of Smt.Tairunnisa in the proceedings for partition in O.S.No.317/1956 filed against her brother Sri Kasimsab. An agreement of sale was entered into between Sri H.C.Nagappa and Smt.Tairunnisa with respect to the suit sc

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