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2022 Supreme(Kar) 1533

JYOTI MULIMANI
Mohammad Hussain – Appellant
Versus
Noorjahan – Respondent


Advocates appeared:
Vighneshwara S.Shastri, Advocate, M.R.Mulla, Advocate, Shridhar Hiremath, Advocate, Gurudev Gachchinmath, Advocate, Sangram S.Kulkarni, Advocate

JUDGMENT/ORDER

1. Sri.Sangram S.Kulkarni., learned counsel for appellant and Sri.Shridhar Hiremath., learned counsel on behalf of Sri.G.I.Gachchinamath., for respondent No.7 have appeared in person.

2. This appeal is from the Court of the II Addl. Civil Judge (Sr.Dn), Hubli.

3. For the sake of convenience, the parties shall be referred to as per their status and ranking before the Trial Court.

4. The facts are quite simple and are stated as under:

It is stated that the plaintiff is the absolute owner of immovable property measuring East-West 44 feet and North-South 28 feet towards the Western side and 27 1/2 feet out of CTS No.682/1, Ward Extension situated in Walvekar Plot, Near Ramnagar, Keshwapur, Hubli. The second defendant is the owner of the adjacent property under CTS No.683 and one Sri.Timmappa Naik has purchased the remaining Eastern portion of CTS No.682. It is contended by the plaintiff that a week before the filing of the suit, defendants 1 and 2 started digging up foundation pits abutting her property towards the Northern side. The husband of the plaintiff requested the defendants to show the building permit obtained from HDMC and other details regarding necessary setba

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