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2025 Supreme(Kar) 454

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Thimmamma, W/o Late Bandigowda – Appellant
Versus
Bhageerathi M. Joshi, W/o Sri. M.V. Joshi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. VIGHNESHWAR S. SHASTRI, SR. COUNSEL AND SRI. GURURAJ R, ADVOCATE FOR SMT. SANDHYA U. PRABHU, ADVOCATE
For the Respondent:SRI. G.L. VISHWANATH, SR. COUNSEL FOR SRI. JOSEPH ANTHONY, ADVOCATE

JUDGMENT :

ASHOK S.KINAGI, J.

This Regular Second Appeal is filed by the appellants challenging the judgment and decree dated 28.03.2013, passed in R.A.No.159/2012 by the learned Principal District Judge, Mysore.

2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellants were the defendants, and the respondent was the plaintiff.

3. Brief facts, leading rise to the filing of this appeal are as follows:

The plaintiff filed a suit against the defendants seeking relief of declaration and permanent injunction. It is the case of the plaintiff that, the plaintiff had purchased the suit schedule property from Bandigowda S/o Siddegowda under the registered sale deed on 14.08.1992. It is contended that defendant No.1, being the wife of Bandigowda, had affixed her signature as a witness to the registered sale deed dated 14.08.1992. That, ever since the date of execution of the registered sale deed, the plaintiff is in peaceful possession and enjoyment of the suit schedule property. It is contended that the plaintiff approached the Mysore Urban Development Authority (for short ‘the MUDA’) on 28.12.2002 to obtain the title deed in her name regardi

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