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2025 Supreme(Kar) 2833

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Eraiah @ Chikkaputtaiah S/o Late Koteboregowda – Appellant
Versus
Kamalamma W/o Mariyappa @ Motappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Gangadharappa A V, Advocate
For the Respondent:Sri. H.M. Harsha, Advocate

JUDGMENT :

ASHOK S.KINAGI, J.

1. This Regular Second Appeal is filed by the appellants, challenging the judgment and decree dated 24.06.2013 passed in R.A. No.152 of 2012 by the learned Senior Civil Judge and J.M.F.C., Channapattana, Ramanagara District and the judgment and decree dated 02.04.2012 passed in O.S. No.36 of 2003 by the learned Additional Civil Judge (Jr.Dn.) and J.M.F.C., Channapatna.

2. For convenience, the parties are referred to based on their ranking before the Trial Court. The original appellant was the plaintiff, and the respondents were the defendants.

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

4. The plaintiff filed a suit against the defendants for a declaration to declare that the plaintiff is the absolute owner of the suit schedule properties and a permanent injunction restraining the defendants from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule properties.

5. It is the case of the plaintiff that the suit schedule properties were the jointly purchased by the plaintiff, defendant No.1 and their brother by name Boralingegowda as per the registered sale deed dated 22.07.1963; Defendant No.1 executed

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