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2022 Supreme(Kar) 553

ASHOK S. KINAGI
Hanumanthi W/o Late Balappa – Appellant
Versus
Hanumanthraya S/o Bheemayya – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Shivanand Patil, Advocate
For the Respondent:Sri.Gururaj Rao Kakkeri, Advocate for Sri.Ganesh Naik, Advocate

JUDGMENT :

The appellants are aggrieved by the order passed on I.A.No.1 dated 06.10.2016 in O.S.No.155/2016 by the Senior Civil Judge, Deodurga has filed this appeal.

2. For the sake of convenience, parties are referred to as per their ranking before the trial Court. The appellants are the plaintiffs and respondents are the defendants before the trial Court.

3. Facts giving rise to the filing of the appeal briefly stated are that the plaintiffs have filed a suit in O.S.No.155/2016 for relief of declaration and injunction in respect of suit property. In the said suit, the plaintiffs filed an application seeking an order of temporary injunction restraining the defendants from creating obstruction to the peaceful possession and enjoyment of the suit schedule property. The plaintiffs in support of application filed an affidavit contending that the plaintiffs are the absolute owners of property bearing Sy.No.12 measuring 16 acres 7 guntas situated at Sunnadkal village, Deodurga taluk. The said land was originally belonging to the husband of plaintiff No.1 and father of the plaintiff Nos.2 to 5 namely Balappa Hanamappa @ Hanumagouda who died leaving behind him the plaintiffs as his legal he

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