H. P. SANDESH
B. Suresh – Appellant
Versus
R. Sundara Murthy – Respondent
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
AHMED SAHEB AND OTHERS V. SAYED ISMAIL reported in (2012) 8 SCC 516
CHIKKAM KOTESWARA RAO V. CHIKKAM SUBBARAO AND OTHERS reported in AIR 1971 SC 1542
ELECTRICITY BOARD AND ANOTHER V. N. RAJU REDDIAR AND ANOTHER reported in AIR 1997 SC 1005
INDIRABAI AND ANOTHER V. PROF. SHYAMASUNDAR AND ANOTHER reported in 1988 (1) KarLJ 426
PARSION DEVI AND OTHERS V. SUMITRI DEVI AND OTHERS reported in (1997) 8 SCC 715
SMT. PARAMESHWARI BAI V. MUTHOJIRAO SCINDIA reported in AIR 1981 KAR 40
SMT. SUMA GOUDA @ ANITHA @ VASANTHI V. SRI M.K. POOVAIAH reported in 2010 (4) KCCR 2713
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