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2023 Supreme(Kar) 992

P. S. DINESH KUMAR, T. G. SHIVASHANKARE GOWDA
Zamir Mirza – Appellant
Versus
Siltech Hospitals Pvt Ltd – Respondent


Advocates appeared:
Maneesha Kongovi, Advocate, Vinod Kumar, Advocate, Bipin Hegde, Advocate, V.F.Kumbar, Advocate

JUDGMENT

T.G.SHIVASHANKARE GOWDA, J.

In this appeal, the plaintiffs have challenged the judgment and decree dtd. 11/4/2007 passed in O.S.No.3071/1999 by the Court of XVI Additional City Civil and Sessions Judge, Bangalore City (CCH No.12) ('the Trial Court' for brevity) in dismissing the suit against defendant Nos.3 and 4.

2. For the sake of convenience, parties shall be referred as per their status before the Trial Court.

3. The facts leading to this appeal are, property bearing No.5 (present No.2), Convent Road, Richmond Town, Bangalore-560 025, measuring 60 feet x 40 feet consisting of ground floor (900 sq.ft. of carpet area), mezzanine floor (1500 sq.ft. of carpet area), first floor (1650 sq.ft. of carpet area), second floor (1650 sq.ft of carpet area) and third floor (1650 sq.ft of carpet area), in all 7350 sq.ft. consists of 15 bathrooms, lift to all the floors, power, water and sanitary connections with a submersible pump, is the disputed property (for short 'the suit schedule property').

4. Plaintiffs are the co-owners of the suit schedule property. Defendant Nos.1 and 2 took a portion of the suit schedule property described as 'B' schedule on a registered lease for a perio

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