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2019 Supreme(Kar) 2296

K.NATARAJAN
Dharmegowda – Appellant
Versus
Savitha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. M.S. Varadarajan.
For the Respondents: Sri. N. Srinivas, Sri. Raja Venkatappa Naik.

JUDGMENT :

K. NATARAJAN, J.

1. This appeal is filed by the appellant/plaintiff being aggrieved by the judgment and decree of dismissal of the suit by the I Addl. Civil Judge (Jr.Dn) & JMFC, Tumkur, (hereinafter referred to as the "trial Court") in OS.No.448/2000 and the same was confirmed by the II Addl. District and Sessions Judge, Tumkur, (hereinafter referred to as the "First Appellate Court") in R.A.No.392/2009 dated 21.04.2011.

2. Heard the arguments of learned counsel for the appellant and the learned counsel for the respondent.

3. The ranks of the parties before the trial Court is retained for the sake of convenience.

4. The case of the plaintiff is that the plaintiff filed a suit for permanent injunction against the defendant contending that he is the absolute owner in peaceful possession and enjoyment of the suit schedule property having derived the title by virtue of panchayath parikath dated 03.09.1982 effected between his father K.Nanjappa and his brother Shivashankar measuring 1 acre 10 guntas fallen to his share and 30 guntas fallen to the share of his brother. The revenue entries are mutated in his name. The defendant is a stranger and has no manner of any right, title or

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