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2023 Supreme(Kar) 980

ASHOK S. KINAGI
T. M. Krishnappa – Appellant
Versus
Chikkamuniyappa – Respondent


Advocates appeared:
H.L.V.Venaktesh, Advocate, L.Srinivasa Babu, Advocate, N.K.Ramesh, Advocate

JUDGMENT

1. The appellants have filed this regular second appeal challenging the judgment and decree dtd. 20/7/2011 passed in O.S.No.119/2006 on the file of the Prl. Civil Judge at Chickballapur and also the judgment and decree passed in R.A.No.144/2011 dtd. 14/7/2014 on the file of the Additional Senior Civil and JMFC at Chickballapur.

2. The parties are referred to as per their ranking before the trial Court. The appellants are the plaintiffs and the respondents are the defendants.

3. Brief facts of the case are as under: The plaintiffs filed a suit for permanent injunction in respect of the suit schedule property. It is the case of the plaintiffs that the plaintiffs are in peaceful possession and enjoyment of the plaint schedule property. Plaintiff No.1 is in possession of item No.1 of the suit schedule property and plaintiff No.2 is in possession of item No.2 of the suit schedule property. Item No.1 of the plaint schedule property was granted in favour of 1st plaintiff's father and he died on 13/5/2005 leaving behind plaintiff No.1 and plaintiff No.1 continued to be in possession of the suit schedule property. Plaintiff No.1 made an application before respondent No.4 to accept t

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