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2023 Supreme(Kar) 1059

H. T. NARENDRA PRASAD, T. G. SHIVASHANKARE GOWDA
Laxmibai – Appellant
Versus
Raghavendra – Respondent


Advocates appeared:
Mahesh Wodeyar, Advocate, Zanza Joshi, Advocate, Gouri Shankar, Advocate, Vishwanath S.Bichagatti, Advocate

JUDGMENT

H.T. NARENDRA PRASAD, J.

This appeal is filed under Sec. 96 of the Code of Civil Procedure by the plaintiff - appellant challenging the judgment and decree dtd. 5/2/2018 passed by the Senior Civil Judge and JMFC, Kundgol in O.S. No.26/2014, whereby the suit filed by the plaintiff is dismissed.

2. For the convenience, the parties are referred to their ranking as per the Trial Court.

3. Plaintiff has filed suit for declaration declaring that sale deed dtd. 9/5/2003 and 1/1/2014 in faovur of defendant Nos.1 to 3 in respect of suit schedule properties are illegal and not binding on the plaintiff nor in the interest of the plaintiff over the suit schedule property in any manner whatsoever and alternatively, if the Court comes to the conclusion that the plaintiff is not in possession of the suit property, then the Court to pass an order directing the plaintiff Nos.1 to 3 to hand over the vacant and actual possession of the suit property.

4. Brief facts of the case are that the suit schedule properties bearing CTS No.2187, TMC No.2940/A consisting of house and backyard situated at Kundagol as mentioned in the suit schedule, originally belongs to Basappa S/o. Banappa Annigeri, who w

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