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2023 Supreme(Kar) 1244

K. S. HEMALEKHA
Siddappa – Appellant
Versus
Panchayat Development Officer – Respondent


Advocates appeared:
Sanjeevkumar C.Patil, Advocate, Ratna N.Shivayogimath, Advocate

JUDGMENT

1. Though the matter is listed for admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal.

2. The present second appeal by the plaintiff assailing the concurrent findings of the courts below, whereby, the suit of the plaintiff for declaration that he is the absolute owner of the suit property and injunction restraining the defendants from evicting the plaintiff from possession of the suit property was dismissed by the courts below.

3. Heard Sri Sanjeevkumar C. Patil, learned counsel for the appellant and Smt. Ratna N. Shivayogimath, learned counsel appearing for the respondents.

4. The suit for declaration that the plaintiff is the absolute owner in possession of VPC No.198, injunction restraining the defendants from evicting the plaintiff from the suit property and declaration that the resolution dtd. 20/1/2006 by the defendant No.1 is illegal, null and void and cancel the said resolution dtd. 20/1/2006. The case of the plaintiff is that he has constructed a house in the portion of suit property shown as AEDF by obtaining permission from the competent authority, the resolution passed by defendant No.1 to evict the plaintif

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