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2025 Supreme(Kar) 772

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Parashuramappa S/o Ningappa – Appellant
Versus
Ningappa, S/O Halappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. MANJUNATHA V RAYAPPA, ADVOCATE
For the Respondent:SRI. HARISH BHANDARY, ADVOCATE

JUDGMENT :

ASHOK S.KINAGI, J.

This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 26.09.2014, passed in R.A.No.33/2013 by the learned Senior Civil Judge, Harihar.

2. For convenience, parties are referred to based on their ranking before the trial Court. The appellant was the defendant, and the respondents were the plaintiffs.

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

Plaintiffs filed a suit against the defendant for perpetual injunction restraining the defendant from interfering with the peaceful possession of the suit properties. It is the case of the plaintiffs that the suit schedule properties belonged to the plaintiffs’ father i.e., Halappa S/o Ningappa. The plaintiffs’ father was expired, and after his death, the plaintiffs have succeeded to the suit schedule properties as the legal heirs of the deceased Halappa. The defendant has no right, title or interest in the suit schedule properties. It is contended that the plaintiffs are in possession and enjoyment of the suit schedule properties. The defendant threatened the plaintiffs to dispossess them from the suit schedule properties. Hence, a cause of action ar

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