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2025 Supreme(Kar) 2590

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
City Municipal Council by its Commissioner Kolar – Appellant
Versus
K. Alnantharaju Dead by His Legal Representatives Smt. Jayamma – Respondent


Advocates Appeared:
For the Appellant : Veena Kumari M.
For the Respondent: Venkata Subba Rao G S.

JUDGMENT :

ASHOK S. KINAGI, J.

1. This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 27.09.2014 passed in R.A.No.82/2013 by the learned II Additional Senior Civil Judge, Kolar.

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

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

4. The plaintiff filed a suit against the defendant for permanent injunction. It is the case of plaintiff that plaintiff is the absolute owner and in possession of the suit property measuring East to West- 66 ft; North to South-42 ft and adjoining bit of site measuring East to West - 8 ft and North to South-80 feet, situated at ward No.7, Gulpet, Kolar. It is the case of the plaintiff that the defendant agreed to sell the suit property for consideration of Rs. 1,000/- and the plaintiff agreed to purchase the same for the said consideration. It is contended that the plaintiff owns property the bearing assessment No.667, measuring 80X60 feet towards the eastern side of the suit schedule property, which he had purchased from the defendant thr

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