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2024 Supreme(Kar) 238

H. T. NARENDRA PRASAD
T Byregowda – Appellant
Versus
T. Mukunda – Respondent


Advocates appeared:
Sri. Jeevan Kumar B.S., Advocate, for the Appellant; Sri. B. Sharath Kumar, Advocate, for the Respondent.

JUDGMENT

1. This appeal under Section 96 of CPC is filed by the appellant-defendant challenging the judgment and decree dated 01.12.2016 passed by the XX Addl. City Civil and Sessions Judge, Bangalore in O.S.No.1136/2013, wherein the Trial Court has decreed the suit filed by the plaintiff for injunction.

2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in the original suit.

3. Brief facts of the case:

(a) Sri.T.Ramakrishnappa, Sri.Lakshmi hanumantharayappa and Sri.Kempanna (vendors of plaintiff) have purchased the agricultural land bearing Sy.No.45/3 of Gidadakonenahalli, Yeshwanthapura Hobli, Bangalore North Taluk under the registered sale deed dated 08.11.1958. After the purchase of the said land, their names have been mutated in the revenue records. Based on the application filed by them, the Deputy Commissioner has passed an order dated 08.12.2003 for the conversion of land. Thereafter, they have executed a GPA in favour of one Sri.Sachidananda Prasad for the development of their property and for the formation of a residential layout in the said land. The plaintiff has purchased a site (hereinafter referred to as 'suit schedule

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