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2025 Supreme(Kar) 1995

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S. KINAGI
Lineman Muniyappa, S/o. Munivenkatappa – Appellant
Versus
Muniappaiah, Since Deceased By His Lrs- Smt. Amaravathi, W/o. Late Chandrappa, D/o. Late Muniappaiah – Respondent


Advocates Appeared:
For the Appellant : Sri. S. Visweswaraiah, Adv.
For the Respondents: Sri. S.M. Kulkarni, Adv.

JUDGMENT :

ASHOK S. KINAGI, J.

This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 24.04.2014 passed in R.A.No.247/2012 by the learned II Additional Senior Civil Judge and JMFC, Kolar, and the judgment and decree dated 18.10.2012 passed in O.S.No.26/2005 by the learned I Additional, Civil Judge and JMFC, Kolar.

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

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

The plaintiffs filed a suit against the defendant for a declaration of title, and for a permanent injunction in alternative, relief of possession. It is the case of the plaintiff that the plaintiff is the absolute owner of the suit schedule property and the suit schedule property was the Government land bearing Sy.No.38 belonging to Moorandahalli Village. The Government formed sites in the said survey number in 1972. The B.D.O granted the suit schedule property in favour of the plaintiff and based on the grant certificate issued by the Government, the plaintif

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