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2023 Supreme(Kar) 117

SREENIVAS HARISH KUMAR, P. N. DESAI
Ramudu S/o. Sanna Basappa – Appellant
Versus
K. Jayanth Kumar S/o. Late Megharaj @ Kushalchand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri K.L.Patil, Advocate
For the Respondent:Sri M.T.Nanaiah, Senior Advocate for Sri Shivaraj V.Hiremath, Advocate

JUDGMENT :

Sreenivas Harish Kumar, J.

The judgment and decree dated 15.10.2015 in O.S. 250/2005 on the file of II Additional Senior Civil Judge, Ballari, is assailed in this appeal by defendants No. 5, 9, 10, 15, 16, 19, 20, 22, 23, 26, 27, 29, 32 and 33, and the legal representatives of defendants No.11, 13, 18, 28, 30 and 31.

2. Referring to the parties with respect to the ranks in the suit, the pleadings are summarized as below :

Plaintiffs 1 to 3 are the sons of plaintiff No.4. The subject matter of the suit is property measuring 3 acres 4 cents in Ward No. VI, T.S.No.4/1, 4/2, 4/3A and 4/3B situated near Bengaluru-Bypass Road, Ballari. This entire property is described in schedule ‘A” to the plaint. Schedule ‘B’ property is a part of schedule ‘A’ property.

3. The original owner of schedule ‘A’ property was Mr. Azeez Sab. After his demise, the property was divided among his three legal representatives namely Mr. S.Wahid, Mr.S.Hameed and Mr. Khadir. Mr.S.Wahid and Mr.S.Hammed sold their shares to Smt.Rama Subbamma under two registered sale deeds dated 26.5.1998 and 4.6.1999. Mr.Khadir sold his share to Smt.P.Shanthi and P.Swapna, the daughters of Mr. P.Narayanappa under two separate

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