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2025 Supreme(Kar) 2221

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Byrappa S/o Junjappa – Appellant
Versus
M. Paramesh S/o Manjaya – Respondent


Advocate Appeared:
For the Appellant :Sri. K Ravishankar And Ms./Smt. K. Shubha, Advocates
For the Respondent:Sri. Girish B Baladare, Advocate

JUDGMENT :

ASHOK S.KINAGI, J.

This appeal is filed by the appellant challenging the judgment and decree dated 06.09.2013 passed in RA No.7/2011 by the learned II Additional District Court, Chikmagalur (‘First Appellate Court’ for short), allowing the appeal against the judgment and decree dated 29.10.2010 passed in OS No.191/2005 by the learned Principal Senior Civil Judge, Chikmagalur (‘Trial Court’ for short), and setting aside the same.

2. For convenience, the parties are referred to based on their ranking before the Trial Court. The appellant was the plaintiff and the respondent was the defendant.

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

3.1. The plaintiff filed a suit against the defendant for declaration of title and possession. It is the case of the plaintiff that, the plaintiff had purchased the suit schedule property under a registered sale deed dated 12.06.2003 from one Sri. Laxmana. After purchasing the said property, the suit schedule property was transferred in the name of the plaintiff by virtue of a registered sale deed dated 12.06.2003. It is stated that, the suit property was the joint family property of one Sri. Ramashetty, who in turn s

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