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2022 Supreme(Kar) 1588

SURAJ GOVINDARAJ, G BASAVARAJA
Vijayanand – Appellant
Versus
Parikashith – Respondent


Advocates appeared:
Harshavardhan M. Patil, Advocate, Prakash Udikeri, Advocate, A.P. Hegde, Advocate, Vijay M. Malali, Advocate

JUDGMENT/ORDER

SURAJ GOVINDRAJ, J. - Appellant in RFA No.100224/2015 who was defendant No.1 and appellant in RFA No.100135/2014 who was defendant No.3 in OS No.32/2012 on the file of the Principal Senior Civil Judge and JMFC, Hubballi, are before this Court impugning the judgment and decree dtd. 5/7/2014 passed in the said matter.

2. The suit in OS No.32/2012 had been filed seeking for the following reliefs:

2.a) The Hon'ble Court be pleased to pass a decree for partition and separate possession to the extent of 1/3rd share to the each of the plaintiffs in the suit property;

2.b) It be declared that the sale deeds dtd. 29/11/2010 registered under document No.HBL-1-10473-2010-11 dtd. 30/11/2010 under CD No.HBLD181 is null, void, illegal and not binding on the plaintiffs to the extent of their 1/3rd shares each;

2.c) The Hon'ble Court be pleased to pass an order of permanent injunction against the defendants from alienating the suit property to the extent of 1/3rd share each to the plaintiffs;

2.d) Cost of the suit be awarded.

2.e) Such other reliefs as the court deems fit on awarded.

3. The facts of the case are:

3.1. Plaintiff No.1 claims to be the son of defendant No.1 and plaintiff No.

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