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2022 Supreme(Kar) 1417

RAVI V. HOSMANI
H. N. Sathyanarayana Reddy, S/o. Late H. D. Nagappa Reddy – Appellant
Versus
H. N. Jayarama Reddy, S/o. Late H. D. Nagappa Reddy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. M.S. Nagaraja.

JUDGMENT :

Challenging judgment and decree dated 22.09.2022 passed by Court of XXXVII Additional City Civil & Sessions Judge, Bangalore City (CCH-38) in O.S.no.8685/2018, this appeal is filed.

2. Appellant was plaintiff, while respondents herein were defendants respectively in original suit. O.S.No.8685/2018 was filed seeking for permanent injunction restraining defendants from interfering with plaintiff's possession in respect of suit property bearing Katha no.155/1, formed in Sy.no.1 of Basavanapura village, K.R. Puram Hobli, Bengaluru East Taluk, measuring of 13068 sq.ft. i.e. 12 guntas with built up area of 2400 sq.ft. and having borewell, plantain, mango and other fruit bearing trees (hereinafter referred to as suit property).

3. Suit was filed on premise that plaintiff was owner in possession of suit property by virtue of Will dated 11.03.1987, executed by his father and which he succeeded to upon death of his father on 07.12.1991. It was also stated that plaintiff was paying taxes from 1992-1993, bore well was dug in suit property by obtaining no objection from Tahsildar, Bengaluru, South taluk and developed property by spending money. It was stated that defendants were his bro

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