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2025 Supreme(Kar) 391

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. SANDESH J
Javaregowda, S/O Late Puttalakkegowda Dead By Lrs – Appellant
Versus
Mahadeva, S/O Annegowda – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Syed Abar Pasha, Advocate For, Sri. Mahantesh S. Hosmath, Advocate
For the Respondent:Sri. Sham Sundar P., Advocate

JUDGMENT :

H.P. Sandesh, J.

This appeal is filed against the judgment and decree dated 22.10.2020 passed in R.A.No.13/2017 by the First Appellate Court in reversing the judgment and decree dated 08.12.2016 passed in O.S.No.135/2011 by the Trial Court.

2. Heard the learned counsel appearing for the respective parties.

3. The factual matrix of the case of the plaintiff/appellant before the Trial Court that the plaintiff got property under relinquishment deed dated 18.04.1998 executed by defendant No.3 by name Annegowda S/o Yalegowda. It is also contended that defendant No.3 has not come forward to register the said relinquishment deed and hence, an appeal was filed before the District Registrar in RAP No.1/41998-99 and as per the direction of the District Registrar, he said relinquishment deed got registered. It is also the case of the plaintiff that defendant Nos.1 and 2 have filed a suit in O.S.No.22/2022 seeking the relief of declaration and permanent injunction against the plaintiff and defendant No.3 and the said suit was dismissed and the judgment passed in O.S.No.22/2000 was confirmed in R.A.No.89/2003 .

4. It is the case of the plaintiff that the plaintiff is in possession and en

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