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2025 Supreme(Kar) 788

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Shanthamma W/o Basavaraja Gowda – Appellant
Versus
GANAPA @ GAMAPPA, S/O SHIVAPPA – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. H S SURESHAPPA GOWDA., ADVOCATE
For the Respondent:SRI. VENUGOPAL M.S., ADVOCATE

JUDGMENT :

ASHOK S.KINAGI, J.

This Regular Second Appeal is filed by the appellant, challenging the judgment and decree dated 13.02.2013, passed in R.A.No.15/2012 by the learned Civil Judge (Sr.Dn.) and JMFC, Sorab.

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

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

The plaintiff filed a suit for a permanent injunction and for handing over vacant possession of the suit property by removing the hut, that is illegally created on the schedule property. It is the case of the plaintiff that the suit property is ancestral property, and the same was acquired by her through her father, Puttappagowda, who had no male issues, and she has been in possession of the suit property. One Gutyamma was the wife of defendant No.1, and her father’s name was Badegondra Sainya. The said Badegondra Sanya has four daughters and no sons. They are defendant No.2 i.e., Bammi, Bangaramma, the mother of defendant No.3, defendant No.4- Kannamma and defendant No.1’s wife, Gutyamma. Gutyamma passed away, and defendant No.5 is he

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