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2019 Supreme(Kar) 2021

K.S.MUDAGAL
Doreswamy Gowda – Appellant
Versus
Land Acquisition Officer Mysuru Urban Development Authority – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. C.M. Nagabushana.
For the Respondents: Sri. T.P. Vivekananda, Sri. Santhosh S. Gogi, Sri. Sharath S. Gogi.

JUDGMENT :

K.S. MUDAGAL, J.

1. These appeals arise out of the judgment and decree dated 25.08.2011 in R.A. No. 63/2011 and L.A.C. A.No. 6/2011 passed by the II Additional District Judge, Mysuru. By the impugned judgment and decree, the First Appellate Court dismissed both the appeals and confirmed the judgment and decree passed by the III Additional Senior Civil Judge, Mysuru ino. S.No. 1771/2007 and L.A.C. No. 232/2003. By the said judgment and order, the trial Court dismissed the suit of the plaintiff and rejected the claim of the objector in the land acquisition case.

2. Appellant was the plaintiff in O.S. No. 1771/2007 and objector in L.A.C. No. 232/2003. For the purpose of convenience, appellant will be henceforth referred to as plaintiff and respondent Nos.1 to 4 in R.S.A. No. 2587/2011 and respondent Nos.2 to 5 in M.S.A. No. 278/2011 are referred to as defendants.

3. Case of the plaintiff in brief is as follows: The suit schedule properties, namely survey No. 62/1 measuring 5 acres 24 guntas and Survey No. 62/2 measuring 0.39 guntas situated in Metagalli Village, Mysuru Taluk belonged to one Sri Venkatagiri Thimmegowda. After the death of Sri Venkatagiri Thimmegowda, his three s

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