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2025 Supreme(Kar) 1325

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
HANCHATE SANJEEVKUMAR
Ashok Abaubhai Amin, S/o Babubhai M Amin – Appellant
Versus
Shailesh Madhubhai Patel, S/o Madhubhai Ambala Patel – Respondent


Advocates Appeared:
For the Appellant :SRI. MANJUNATH K.S, ADVOCATE
For the Respondent:SRI. LOKESH B, ADVOCATE

JUDGMENT :

HANCHATE SANJEEVKUMAR, J.

The plaintiff being aggrieved by the dismissal order passed on I.A.Nos.1 and 2 in O.S.No.43/2024 dated 29.10.2024 by the Principal Senior Civil Judge & JMFC., Anekal, filed for grant of temporary injunction restraining the defendant from interfering with the peaceful possession and enjoyment of the plaintiff with respect to the suit schedule property and restraining the defendant from putting up any kind of construction towards Northern side of the suit schedule property. The plaintiff had filed a suit for declaration to declare that the plaintiff is the absolute owner and in lawful possession of the property and to declare that the Sale Deed dated 28.04.1997 is obtained by fraud and misrepresentation and also for considering the said sale deed dated 28.04.1997.

2. In the said suit, the plaintiff has filed applications I.A.Nos.1 and 2 seeking permanent injunction and for the above stated reliefs. The trial Court has dismissed the said applications on the ground that the defendant is the owner and he is in possession of 85 guntas of land as the plaintiff sold 35.52 guntas of land to the defendant and the defendant has purchased 16 guntas of land on

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