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2021 Supreme(Kar) 161

S.SUJATHA, SACHIN SHANKAR MAGADUM
Jayasheela Venu – Appellant
Versus
A. J. F. D'souza – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. D.L.N Rao, Senior Advocate For Sri. R.V.S Naik, Advocate
For the Respondent:Sri. Y.K. Narayana Sharma, Advocate, Sri. Bathe Gowda .K.V, Advocate For Sri. V. Sreenidhi

JUDGMENT :

SACHIN SHANKAR MAGADUM, J.

The captioned appeal is filed by the appellants-plaintiffs challenging the judgment and decree dated 25.02.2011 passed in O.S.No.448/2001 by the XXVII Additional City Civil Judge, Bengaluru.

2. For the sake of convenience, the parties are referred to as per their ranks before the Court below.

3. The facts leading to the case are as under:

The subject-matter of the suit is property bearing No.22/9 situated at Oorgaum road. In the said site, the dispute is in respect of portion measuring 10 ft. North-South, 98 ft. East-West, which is described under the Schedule 'B' and is shown as BCDE portion in the plaint sketch. One Mrs.Rose Mary D'Souza was the absolute owner of the property bearing Old No. 31 corresponding New No.22 which is situated at Grant Road, Bengaluru. After purchase, the original owner Mrs. Rose Mary D'souza, who is none other than the mother of the original defendant No.1 secured a layout plan from the competent authority which was approved by the Bengaluru City Corporation by order dated 31.01.1962 for formation of building sites which included the residential site No. 22/9, which is the subject matter of the suit. Later, she conveyed

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