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2021 Supreme(Kar) 835

JYOTI MULIMANI
P. Dodda Chitthaiah, S/o Pattada Chitthaiah – Appellant
Versus
Eranna S/o Eramasaiah Since Dead By Lrs. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Harish H.V., Advocate
For the Respondent:Sri A.V.Gangadharappa, Advocate

JUDGMENT :

Sri.Harish H.V., learned counsel for appellant has appeared in-person and Sri.A.V.Gangadharappa, learned counsel for respondent Nos.1, 3 and 4 has appeared through video conferencing.

2. The unsuccessful plaintiff has filed this appeal. For the sake of convenience, the parties are referred to as per their rankings before the trial Court.

3. The short facts of the case are as under: -The land situated at Veeranagenahally village, Kasaba Hobli, Madhugiri Taluk measuring 3.20 guntas in Sy.No.10/21P originally belonged to one Kataiah S/o.Kataiah. He had sold the said land to one Kariyappa S/o.Yarappa, through a registered Sale Deed dated 14.03.1959. Earlier, the survey number of the land was survey No.10 and subsequently, the Authorities concerned have assigned the survey numbers as 10/21 and 10/21p. The land was identified with the boundaries also. After purchase of the property, Kariyappa S/o.Yarrappa became the absolute owner of the property and he was in actual possession and enjoyment of the above said land.

The first defendant-Eranna is the brother of the second Defendant -Chikkerappa .The first defendant purchased the suit schedule property measuring 1.30 guntas under a r

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