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2024 Supreme(Kar) 1274

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Puttalingamma, W/o. Late Kempegowda – Appellant
Versus
Dundegowda, S/o. Chikkakarigowda – Respondent


Advocates Appeared:
For the Appellants :Sri K.V. Narasimhan, Advocate.
For the Respondents:Sri H.C. Shivaramu, Advocate.

JUDGMENT :

ASHOK S. KINAGI, J.

This regular second appeal is filed by the appellants challenging the judgme and decree dated 04.08.2015, passed in R.A.No.26/2014, by the V Additional District and Sessions Judge, Mandya, confirming the judgment and decree dated 12.04.2014, passed in O.S.No.22/2004 by the Senior Civil Judge, Maddur.

2. For the sake of convenience, parties are referred to as per their ranking before the trial Court. The appellants are the plaintiffs and respondents are the defendants.

3. The brief facts leading rise to filing of this appeal are as under:

Plaintiffs filed a suit for declaration, delivery of possession and permanent injunction in respect of suit schedule properties. It is the case of the plaintiffs that, they are the absolute owners of the suit properties. One Kempegowda is the husband of plaintiff No.1 and father of plaintiff No.2. Kempegowda did not have male issues. He performed the marriage of his daughter to one Ningegowda and kept them in his house after marriage. In the year 1985, Kempegowda passed away. The plaintiffs being the legal heirs of Kempegowda have succeeded to the suit properties. The defendant No.1 started proclaiming that the revenue ent

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