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2023 Supreme(Kar) 1160

ASHOK S. KINAGI
Venkataramaiah – Appellant
Versus
Hanumanthappa – Respondent


Advocates appeared:
Manjula C., Advocate, M.Jaiprakash Reddy, Advocate, B.G.Fayaz Sab , Advocate

JUDGMENT

1. This second appeal is filed by the appellants challenging the judgment and decree dtd. 20/12/2006, passed in R.A.No.221/2000 by the Fast Track Court-III, Kolar, confirming the judgment and decree dtd. 7/11/2000 passed in O.S.No.47/1998 by the Prl. Civil Judge (Jr.Dn.), Kolar.

2. For the sake of convenience, parties are referred to as per their ranking before the trial Court. Appellant Nos.1 and 2 are defendant Nos.1 and 2 and respondents 1 to 3 are the plaintiffs and respondent Nos.4 to 7 are defendant Nos.3 to 6.

3. The brief facts leading rise to filing of this appeal are as under:

The plaintiffs filed a suit for declaration of title and permanent injunction in respect of the suit schedule property. It is the case of the plaintiffs, that the plaintiffs are the absolute owners of the suit schedule property. It is contended that the suit schedule property was the ancestral property of the plaintiffs. The said property was acquired by the father of the plaintiffs through the partition, took place between the father of the plaintiffs and defendant No.1 and their brothers. In the said partition, the suit schedule property was fallen to the share of plaintiffs' father. The p

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