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2022 Supreme(Kar) 950

N. S. SANJAY GOWDA
Kariyappa – Appellant
Versus
Puttaswamy – Respondent


Advocates appeared:
T.N.Raghupathy, Advocate, K.Kalyan, Advocate, P.Mahadeva Swamy, Advocate

JUDGMENT

1. This second appeal is by the legal representatives of the deceased defendant.

2. Sri.Puttaswamy Gowda, the original plaintiff, instituted a suit initially seeking for a decree of declaration and for injunction. The suit property was originally described as the land bearing Sy.No.655/C, measuring an extent of 1 acre 80 cents out of total extent of 4 acres 10 guntas bounded on the East by Canal; West by the land of Devaraju Gowda; North by Canal and his property; and South by the land of Kariyappa.

3. Subsequently, an application to amend the plaint was made but the same was rejected by the Trial Court. The plaintiff thereafter approached this Court in W.P. No.2186/2014 and this Court allowed the said writ petition and thereby the plea for amendment. By the said amended plea, it was stated that he was dispossessed after the interim order was vacated and hence, was entitled for a decree of possession.

4. The plaintiff also got the schedule of the plaint amended. Instead of 4 acres 10 guntas, the total measurement of Sy.No.655/C was stated to be 3 acres 40 guntas. The boundaries were also changed to state that it was bounded on the East by the land of Gurusiddanayak; West by th

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