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2024 Supreme(Kar) 38

HANCHATE SANJEEVKUMAR
Sannamma, W/o Late Kullali Kempegowda – Appellant
Versus
Jayasheelamma W/o Late D Ningegowda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Sharath .S. Gowda, Adv.
For the Respondent: Sri.K.M. Sanath Kumara Adv.

JUDGMENT :

Miscellaneous second appeal is filed by the defendants praying to set aside the judgment and order dated 11.10.2017 passed by the II Addl. District & Sessions Judge, Mandya, in R.A.No.7/2014 by calling for records in the original suit and in a regular appeal.

2. Rank of the parties are stated as before trial court for easy reference and convenience.

3. The brief facts of the case are as under:

    The plaintiffs have filed the suit for declaration, mandatory injunction and permanent injunction to declare that the plaintiffs are the absolute owners and are in possession of the suit schedule property and for mandatory injunction dismantling the borewells dug in the suit land and for consequential relief of permanent injunction. During the pendency of the suit the plaintiffs have filed an application under Order VI Rule 17 CPC seeking for amendment in the plaint and relief of possession. The said application was allowed and the plaint got amended regarding relief of possession. The plaintiffs are claiming title over the suit schedule property by virtue of sale deeds and consequently revenue records prepared. The defendants have contested the suit by filing respective written statem

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