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2023 Supreme(Kar) 223

H. P. SANDESH
J. Gurushanthappa, S/o. Late Jayaprakash – Appellant
Versus
Tharalabalu Jagadguru Education Society (R) Sirigere – Respondent


Advocates Appeared:
For the Appellant : Sri B.M. Siddappa.
For the Respondent: Sri Ashok G.V.

JUDGMENT :

These appeals are filed challenging the judgment and decree dated 13.12.2016 passed in R.A.No.13/2016 and R.A.No.14/2016, respectively on the file of the Senior Civil Judge and JMFC., Holalkere.

2. The factual matrix of the case of the plaintiffs before the Trial Court in O.S.No.67/2010 is that the suit was filed for the relief of declaration and permanent injunction. The plaintiffs have contended that they are the owners and in possession of suit schedule properties. Earlier suit schedule properties were belongs to their grandfather G. Siddappa, grandfather of plaintiffs has executed a registered will deed on 20.02.1982 in favour of plaintiffs and bequeathed suit schedule properties to the plaintiffs. It is contended that the grandfather of plaintiffs died on 19.06.1988. After the death of plaintiffs’ grandfather, plaintiffs have come in possession of suit schedule properties as owners and they are paying land revenue to the Government. It is contended that the khatha of suit schedule properties are still standing in the name of the defendant. The defendant has no manner of right, title and interest or possession over the suit schedule properties. On 13.06.1977 plaintiffs

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