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2023 Supreme(Kar) 340

SHIVASHANKAR AMARANNAVAR
R. Praveen S/o. Late Sri. Rangaswami – Appellant
Versus
Mariyappa Since Dead by Lrs – Respondent


Advocates Appeared:
For the Appellant : Sri. G. Papireddy, Senior Counsel for a/w Sri. Ravikiran P.
For the Respondent: Sri. K.P. Bhuvan.

JUDGMENT :

1. This appeal is filed praying to setting aside the judgment and decree dated 16.4.2010 passed by District & Session Judge, Fast Tract Court-V, Bangalore Rural District, Bangalore in RA No.48/2008 and judgment and decree dated 8.2.2008 passed by II Additional Civil Judge (Jn. Dn), Bangalore Rural District, Bangalore in OS No.312/1998.

2. The appellant was the plaintiff and respondents No.1 and 2 were defendants No.1 and 2 in OS No.312/1998.

3. The parties are referred to as per their rankings in the trial Court.

4. The plaintiff has filed a suit for the reliefs of permanent Injunction restraining the defendants from interfering with possession of the plaintiff over the suit schedule property. It is the case of the plaintiff before the Trial Court that he is a absolute owner for having purchased the suit schedule property from Smt. V. Jayalakshmi under registered sale deed dated 7.4.1998 and he is in possession of the same. It is stated that originally suit schedule property belongs to defendant No.1, he has executed GPA in favour of Smt. V. Jayalakshmi authorizing her deal with the property. The katha of the suit schedule property was in the name of defendant No.1 and he au

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