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2025 Supreme(Kar) 558

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R Devdas, J
N. Kempaiah Since Deceased by His LRs. Smt. M. Bhagyalakshmi – Appellant
Versus
A.V. Srinivas Since Deceased by His LRs. Smt. M. Kalpana – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.B. Sadasivappa
For the Respondent: B.C. Venkatesh

ORDER :

1. These two Civil Revision Petitions and the writ petition arise out of O.S.No.27/2019, on the file of learned I Addl. Senior Civil Judge & JMFC, Ramanagara. Therefore, all the three matters were clubbed, heard together and are being disposed of by this common order.

2. For the purpose of convenience, the parties shall be referred to in terms of their ranking before the trial court.

3. Prior to the plaintiffs filing O.S.No.27/2019, the 1st defendant Sri N.Kempaiah had filed O.S.No.124/2018 seeking permanent injunction in respect of the suit schedule properties, against the plaintiffs herein. It was the contention of Sri N.Kempaiah that he is the absolute owner of the suit schedule properties. Item No.1 of the suit schedule property bearing Sy.No.160/1, measuring 2 acres 1 gunta situated at Ankanahalli Village, Kilancha Hobli, Ramanagara Taluk and item No.2 bearing Sy.No.160/2 measuring 1 acre 39 guntas were purchased by the plaintiffs brother Sri N.Nanjundaiah under registered Sale Deed dated 03.06.1982. The sale deed was executed by Sri Thimmashetty, the uncle of the defendants. Subsequently, in a family partition that took place between Sri N.Nanjundaiah and his brothers, S

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