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2022 Supreme(Kar) 83

N.S.SANJAY GOWDA
Chennaiah @ Doddachennaiah Since Deceased By His Lrs. – Appellant
Versus
Bylappa, Since Dead By Lrs – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI SAMPATHI A., SRI B.S. SUDHINDRA, ADVOCATE
For the Respondent: SHRI SIDDAMALLAPPA. P.M., SHRI G.S. KANNUR, FOR SHRI P. ANAND, ADV. FOR R6)

JUDGMENT :

This second appeal arises out of a suit for injunction which had been instituted by the appellants against Bylappa. Both the Trial Court as well as the Appellate Court have refused to grant the said decree of injunction and hence the plaintiffs have presented this second appeal.

2. During the hearing of this appeal, the 2nd plaintiff sought to withdraw the suit in so far as he was concerned and as desired by him, the suit of the 2nd plaintiff was dismissed.

3. For the purposes of clarity, in this judgment, the parties are referred to by their names instead of their rankings.

4. It was the case of the plaintiffs i.e., Chennaiah @ Doddachennaiah and Ningaiah that the suit property (an agricultural land measuring 3 acres 25 guntas bearing Sy.No.108 situate at Mathadahalli village, Dasanapura Hobli, Nelamangala Taluk) belonged to one Arasaiah who had gifted it to his sister Kalamma i.e., the mother of the 1st plaintiff, under a registered gift deed dated 15.09.1921. It was their case that during the lifetime of Kalamma, she had enjoyed possession of the suit property along with her husband Muddaiah and after the death of Kalamma, the revenue entries were changed in favour of the

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