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2025 Supreme(Kar) 523

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Ashok S.Kinagi
K.N. Raju, S/o Nanjegowda – Appellant
Versus
B.S. CHIKKANNASHETTY – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. K G Sadashivaiah, Advocate

JUDGMENT :

ASHOK S.KINAGI, J.

This Regular second appeal is filed by the appellants challenging the judgment and decree dated 17.10.2012, passed in R.A.No.46/2008 by the learned Additional District Judge, Hassan, and the judgment and decree dated 05.01.2008 passed in O.S.No.116/1996 by the learned Additional Civil Judge (Sr.Dn.), Hassan.

2. For convenience, the parties are referred to based on their rankings before the trial Court. The appellants were defendant Nos.7 and 8, respondent Nos.1 to 10 were the plaintiffs, and other respondents were the other defendants.

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

The plaintiffs filed a suit against the defendants for declaration of title and permanent injunction and also to declare the registered sale deed dated 02.08.1995, allegedly executed by defendant No.3 in favour of defendant Nos.6 to 8 in respect of suit schedule property, as null and void and not binding on the plaintiffs.

3.1. It is the case of the plaintiffs that the father of the plaintiffs was the owner of land bearing Sy.No.18, and defendants No.1 to 5 were the owners of land bearing Sy.No.19 in Chikkabyadagere village, Kasaba Hobli, Belur Taluk. The

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