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2025 Supreme(Kar) 790

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Nohsina Arnib, D/o Late Syed Altaf Hussain – Appellant
Versus
Mali Suresh, S/M Shankarappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. R.S. RAVI, SR. ADVOCATE FOR SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE
For the Respondent:SRI. B N JAYADEVA, ADVOCATE FOR C/R1

JUDGMENT :

ASHOK S.KINAGI, J.

This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 22.02.2012 passed in R.A.No.6/2011 by the Presiding Officer, Fast Track Court-3, Bengaluru Rural District, Bengaluru and also the judgment and decree dated 01.09.2010 passed in O.S.No.27/2009 by the learned Senior Civil Judge and JMFC, Nelamangala.

2. For convenience, parties are referred to based on their rankings before the trial Court. Appellant was defendant No.3, respondent No.1 was plaintiff and other respondents were the other defendants.

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

Plaintiff filed a suit against the defendants for declaration of title and consequential relief of permanent injunction. It is the case of the plaintiff that the suit schedule property was originally belonged to Sri. C. Timmarayappa i.e., defendant No.1. The name of the first defendant was entered in the revenue records and he being the Khatedar, was in possession and enjoyment of the suit land. Defendant No.1 sold the said land to defendant No.2 through a registered deed of sale dated 30.12.1990. Defendant No.2, having purchased the said land from de

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