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2023 Supreme(Kar) 1130

H. B. PRABHAKARA SASTRY
Navaneethamma – Appellant
Versus
Commissioner – Respondent


Advocates appeared:
G.Chandrashekharaiah, Advocate, K.Govindaraj, Advocate

JUDGMENT

1. This is a plaintiffs' appeal. The present appellants as plaintiffs had instituted a suit against the present respondents, arraigning them as defendants in O.S.No.7842/2009, in the Court of the learned XVI Additional City Civil and Sessions Judge, Bengaluru City, (CCH.No.12), (hereinafter for brevity referred to as "the Trial Court"), seeking the relief of permanent injunction, restraining the defendants from interfering with their peaceful possession and enjoyment over the schedule property and to stop the construction work and such other reliefs.

2. The summary of the case of the plaintiff in the Trial Court was that, the original plaintiff - Smt. Naveneethamma is the owner of the suit schedule property having purchased the same under a registered Sale Deed dtd. 28/2/1981 from one Smt. Radha Varadarajan for a valuable consideration. The khata of the suit schedule property was made in her name and she has been paying the taxes to the Corporation in respect of the suit schedule property and enjoying the possession of the suit schedule property.

It is the further case of the original plaintiff that though she had obtained an approved plan for putting up a construction on t

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