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2021 Supreme(Kar) 1005

H. B. PRABHAKARA SASTRY
Anitha Since deceased by her LRs. – Appellant
Versus
M. Mahalinga S/o. Sri. Mallappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Ganapathy Bhat Vajralli, Advocate
For the Respondent: Smt. K.M. Archana, Amicus Curiae

JUDGMENT :

This is a plaintiff’s appeal. Since the original plaintiff - Smt. Anitha is dead during the pendency of the original suit, her legal representatives who are said to be the husband and children of the deceased plaintiff were brought on record. The suit of the plaintiffs in the Court of the learned XI Additional City Civil Judge, Bangalore (C.C.H.No.8) (hereinafter for brevity referred to as “the Trial Court”) in O.S.No.3575/2013 was for the relief of permanent injunction, seeking to restrain the defendant or any one claiming through him from interfering in the alleged lawful possession of their immovable property with respect to Site bearing No.303, measuring 30 ft. x 37 ft. and situated at 6th Cross, Shreenagar, Benglauru, more fully described in the schedule of the suit property in the plaint. The said suit came to be dismissed as devoid of merit by the judgment and decree of the Trial Court dated 17-04-2017. Challenging the same, the legal representatives of the original plaintiff are before this Court, through this appeal.

2. The summary of the case of the plaintiffs in the Trial Court is that, the original plaintiff - Smt. Anitha, who is the wife of the appellant No.1

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