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2023 Supreme(Kar) 678

JYOTI MULIMANI
Honne Gowda – Appellant
Versus
Dyavaiah – Respondent


Advocates appeared:
Adithya Bhat, Advocate, G.S. Bhat, Advocate

JUDGMENT/ORDER

1. Sri.Adithya Bhat., learned counsel on behalf of Sri.G.S.Bhat., for the appellant has appeared in person.

2. This is an appeal from the Court of III Addl. District Judge, Mysuru.

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

4. The brief facts are these: The plaintiff contended that land measuring to the extent of 05 Acres 03 Guntas in Sy.No.45 situated at Hanchya Village, Kasaba Hobli, Mysore Taluk was granted to one Sri.Dyava by the Government in the year 1936. In the year 1945, he executed a Gift Deed in respect of Sy.No.45 in favor of his sister Smt.Lingamma to an extent of 01 Acre. It is said that the original plaintiff Sri.Nangegowda @ Nanjaiah purchased the property from Smt.Lingamma in the year 1956. The survey number mentioned in the sale deed is 45. The plaintiff averred that the defendants are the children of Dyava and they tried to interfere with his peaceful possession and enjoyment of the property. Hence, he was constrained to take shelter under the Court of Law and sought for the relief of declaration and consequential relief of injunction. After service of the suit summons, de

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