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2023 Supreme(Kar) 38

H. P. SANDESH
B. Suresh – Appellant
Versus
R. Sundara Murthy – Respondent


Advocates appeared:
Dhyan Chinnappa, Advocate, Janardhana G, Advocate

JUDGMENT

H.P. Sandesh, J. - This review petition is filed praying this Court to pass an order to review the judgment and decree dated 15.09.2021 passed by this Court in R.F.A.No.2089/2010 and to post the appeal for re-hearing on merits of the case.

2. The factual matrix of the case of the plaintiff before the Trial Court while filing the suit for declaration and possession claimed that the property bearing site Nos.1, 2 and 3 formed in Sy.No.371/4-5 of Marenahalli Village, Kempapura Agrahara, Bengaluru, measuring East to West 40 feet and North to South 41 feet, acquired under sale deed dated 15.12.1980 executed by one Thimmappa and Pillappa. It is contended that his vendor formed site Nos.1 to 9 in their property in Sy.No.371/4-5 and that site Nos.1, 2 and 3 were sold to the plaintiff under sale deed dated 15.12.1980. It is contended that his vendor left 15 feet road on the northern side and 20 feet road on the eastern side of schedule 'A' property and in support of his claim produced the hand sketch which is marked as Ex.P.6. It is contended that the entire area was not developed and as such, he also did not develop his aforesaid site Nos.1, 2 and 3 and left it vacant. It is his cas

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