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2024 Supreme(Kar) 519

SACHIN SHANKAR MAGADUM
Jayarama, S/o. Doddathammanna – Appellant
Versus
Munirathnamma W/o. Late Hanumantharaya Setty – Respondent


Advocates Appeared:
For the Appellant :Sri. T.M. Venkata Reddy, Sri. Ravi H.K., Sri. Pradeep J.S., Sri. G.S. Kannur, Senior Advocate For Sri. D.P. Mahesh.
For the Respondents:Sri. G.S. Kannur, Senior Advocate For Sri. D.P. Mahesh, Sri. Harishith B.S. And Sri. Kiran, Sri. Ravi H.K., Sri. Srinivasa, Sri. T.M. Venkata Reddy, Sri. Pradeep J.S., Sri. T.N. Vishwanatha, Sri. M.N. Umashankar.

JUDGMENT :

Sachin Shankar Magadum, J.

These batch of appeals are by the defendants questioning the judgment and decree rendered in O.S.No.6045/1989, thereby declaring plaintiffs as absolute owners and consequently, the Court has declared that the documents obtained by the defendants, if any, are collusive, fraudulent, colorable and nominal documents and they do not bind on the plaintiffs and consequently, relief of perpetual injunction is granted.

2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.

3. The plaintiffs have filed suit seeking relief of declaration and consequential relief of injunction. The subject matter of the suit are agricultural lands bearing Sy.No.45 measuring 11 acres 6 guntas, Sy.No.55 measuring 21 acres 7 guntas, Sy.No.56 measuring 12 acres 12 guntas and Sy.No.57 measuring 7 acres 12 guntas, all situated at Karivobanahalli, Yeshwanthapura Hobli, Bangalore North Taluk. Plaintiffs contend that one S.P. Subbaraya Shetty was the original owner who was in possession and enjoyment of the suit schedule properties. The present

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