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2021 Supreme(Kar) 628

SREENIVAS HARISH KUMAR, P.N.DESAI
Soumya – Appellant
Versus
Halappa Siddappa Pujari – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Chetan Munnoli, Advocate
For the Respondent:Manoj Bikkannavar for Anand R. Kolli, Advocate

JUDGMENT :

SREENIVAS HARISH KUMAR, J.

1. The Senior Civil Judge, Raibag dismissed the suit O.S. No. 151/2013 by his judgment dated 16.06.2016 and hence this appeal by the plaintiffs. Referring to the parties with respect to their rank in the suit, the material facts, precisely stated, are as below:

2. The plaintiffs 1 to 3 are the children of the 4th plaintiff and the 2nd defendant. The 4th plaintiff is the mother of plaintiffs 1 to 3. The suit is in respect of agricultural land to an extent of 2 acres in R. Sy. No. 554/B/P-1 of Raibag village (referred hereafter as suit property). On 15.10.1993, the Tahsildar of Raibag Taluk granted the suit property to the 2nd defendant imposing a condition of non-alienation for a period of fifteen years. In the year 2012, noticing that the 1st defendant was making an attempt to get his name entered in the RTC of the suit property, the 2nd defendant objected to it, but the Tahsildar certified the entry in favour of the 1st defendant. The plaintiffs challenged the Tahsildar's order by filing an appeal before the Assistant Commissioner, Chikodi. They came to know that the 1st defendant obtained the mutation entry in his favour on the basis of compromi

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