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2024 Supreme(Kar) 474

KRISHNA S. DIXIT, RAMACHANDRA D. HUDDAR
Karnataka State Road Corporation, By Its Divisional Controller, Urban Division, Mysore – Appellant
Versus
Mallaiah, S/o. Late Mayaga, Since Desecd By LR's – Respondent


Advocates Appeared:
For the Appellants : Sri. P.D. Surana, Adv., Sri. Spoorthi Hegde, HCGP.
For the Respondents: Sri. Prakash T. Hebbar, Adv., Sri. Mahesh B., Adv.

JUDGMENT :

(Krishna S. Dixit, J.)

This appeal by the Karnataka State Road Transport Corporation (for short 'KSRTC') & the State Government, seeks to call in question the judgment & decree dated 29.08.2011 entered by the learned II Addl. Sr. Civil Judge, Mysuru, whereby the respondent-plaintiffs' declaration suit in O.S.No.476/2010 has been decreed. The operative portion of the said judgment & decree reads as under:

    “The suit of the plaintiffs is hereby decreed.

It is declared that the plaintiffs are the owner of the suit schedule properties.

It is further ordered that the defendants are restrained not to interfere with the peaceful possession of the plaintiffs over the suit schedule property in item No.1, 2 & 4.

It is further ordered that the revenue authorities are hereby directed to enter the name of the plaintiffs as owner of the suit schedule properties.

It is further ordered that the 4th defendant is hereby directed to hand over the possession of item No.3 of the suit schedule property to the plaintiffs.”

2. FACTS IN BRIEF:

(a) The private respondents herein had filed the subject suit for declaration of title, for possession and for injunction in respect of suit lands fully described

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