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2022 Supreme(Kar) 799

SACHIN SHANKAR MAGADUM
Bangalore Devlopment Authority – Appellant
Versus
G. C. rajashekar – Respondent


Advocates appeared:
R.B.Sangamesh, Advocate, Ashwin S.Halady, Advocate

JUDGMENT

1. The captioned regular first appeal is filed by defendants-Bengaluru Development Authority questioning the judgment and decree dtd. 10/10/2006 passed in O.S.No.5222/1999 by the IX Additional City Civil Judge at Bengaluru.

2. For the sake of convenience, the parties are referred as per their rank before the trial Court.

3. The facts leading to the case are as under:

    (a)The subject-matter of the suit are two items namely plots bearing site Nos.22/5 and 22/6 situated at Valagerahalli Village, Bengaluru South Taluk, bearing corresponding Municipal Katha Nos.895/22/5 and 894/22/6 respectively. The plaintiff filed a suit for injunction simplicitor against the defendants-BDA. The contention of the plaintiff is that the suit schedule properties were originally owned by one Sri.K. Ramanna s/o.Narasegowda and in the family partition the suit schedule properties along with the other properties were allotted to the share of C. Eraju S/o.Chikka Eregowda and Kum. R. Kavitha d/o. K. Ramanna. The plaintiff claims that he had purchased the suit schedule item No.1 property from C. Eraju s/o.Chikka Eregowda under a registered sale deed dtd. 2/3/1995 and item No.2 property from R. Kavitha un

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