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2019 Supreme(Kar) 2252

K.S.MUDAGAL
Muniyamma – Appellant
Versus
Narayanamma – Respondent


Advocates:
Advocate Appeared:
For the Appellant C.M. Nagabhushana, B. Ramesh, Advocate
For the Respondent:Smt. Sowmya Lakshmi Bhat, Kukkaje and Bhat, Advocate

JUDGMENT :

K.S. Mudagal, J. - These two appeals arise out of common judgment and decree dated 25.03.2015 passed by the Principal District Judge, Bengaluru Rural District, Bengaluru in RANo. 137/2014 and RA No. 138/2014.

2. By the impugned judgment and decree, the First Appellate Court allowed the appeals of defendant Nos. 1 to 6 in OS No. 137/2006 and defendant Nos. 1 to 5 in OS No. 1384/ 2007 and dismissed both suits.

3. OS No. 137/2006 was filed by one Doddanarasimhaiah and OS No. 1384/2007 was filed by one K.Govinda Reddy seeking declaration of their title to land bearing Survey No. 69/7 measuring 1 acre 101/2 guntas situate at Mylapura Village, Jadigenahalli Hobli, Hoskote Taluk, Bangalore Rural District and for permanent injunction etc.

4. Doddanarasimhaiah sold the said property to K.Govinda Reddy under Ex.D9 registered sale deed dated 20.10.2005. K.Govinda Reddy claimed title by virtue of the said sale deed. Doddanarasimhaiah contended that his grandfather Narasimhaiah had two sons namely senior uncle Muniyappa and his father Ajjappa. He further contended that Survey No. 69/7 belonged to joint family of Narasimhaiah, Muniyappa and Ajjappa and Ajjappa predeceased Muniyappa. He fu

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