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2023 Supreme(Kar) 1173

H. P. SANDESH
Thimmappa – Appellant
Versus
Rajappa – Respondent


Advocates appeared:
SRI VIJAYA KUMAR BHAT A., ADVOCATE,

JUDGMENT

1. This matter is listed for admission.

I have heard the learned counsel for the appellant.

2. The factual matrix of the case of the appellant/plaintiff before the Trial Court that he is the owner in possession and enjoyment of the suit schedule property having acquired the same under the Darkasth long ago. Accordingly, khata came to be mutated in his name. Since, from the date of acquisition he has been in possession and enjoyment of the suit schedule property as absolute owner. Defendants being stranger to the suit schedule property having no manner of right, title and interest or possession over the suit schedule property tried to interfere with his possession and enjoyment of the suit schedule property besides trying to dispossess him from the suit schedule property. Hence, he filed the suit.

3. The defendants appeared and filed written statement denying the plaintiff's right, title and possession over the suit schedule property. It is contended that one Nagappa @ Durgappa had three sons by name Honnappa -defendant No.1, Thimmappa - plaintiff and Ramachandrappa and three daughters by name Eramma, Kamalamma and Gangamma. Daughters of said Nagappa were married long ago. Naga

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