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2025 Supreme(Kar) 850

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
C.M. JOSHI
M. Murthy, S/o K Manickam – Appellant
Versus
M Pankajakshi, W/o N Desan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI S SHAKER SHETTY, ADVOCATE [V/C]
For the Respondent:SRI K RAMESH RAO, ADVOCATE [PH]

JUDGMENT :

C.M. JOSHI, J.

Aggrieved by the judgment and decree dated 23.02.2008 passed in O.S.No.5455/1996 passed by learned IX Additional City Civil Judge, Bangalore and judgment and decree dated 13.08.2009 passed in O.S.No.7557/1994 by learned XXII Additional City Civil Judge, Bangalore, decreeing the suits for injunction, the defendant No.1 therein are in appeals.

2. The subject matter of the dispute being a 20 feet wide cross road situated in between the property of the plaintiff and that of defendant No.1 in both the suits, these appeals are clubbed and are taken up together though they were tried separately before the trial Court.

3. The parties would be referred to as per their ranks before the trial Court for the sake of convenience.

4. Brief facts of the case in OS No.5455/1996 are as below:

The plaintiff-M.Pankajakshi, is the owner in possession of the residential premises in site No.20/3 of III Cross, Vivekananda Nagar, Bengaluru. Earlier, the said site was numbered as Site No.9 and later, it was numbered as site No.28. The layout was formed in Sy.No.82/2 of Lingarajpuram. The plaintiff purchased the site under Sale Deed dated 22.06.1981 and later, she got a building plan sanc

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