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2025 Supreme(Kar) 2838

THE HIGH COURT OF KARNATAKA
ASHOK S.KINAGI
SMT G NALINI – Appellant
Versus
SHARATH CHANDRA – Respondent


JUDGMENT :

ASHOK S.KINAGI, J.

1. This Regular Second Appeal is filed by the appellants challenging the judgment and decree dated 17.01.2013 passed in R.A.No.59 of 2008 by the learned Additional District Judge, Mandya.

2. For convenience, the parties are referred to based on their rankings before the trial Court. The appellants were the defendant Nos.2 and 3, respondent No.1 was the plaintiff, and respondent No.2 was defendant No.1.

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

4. The plaintiff filed a suit against the defendants for declaration of title and he is in possession and enjoyment of the suit schedule properties and consequently for cancellation of the registered sale deeds dated 14.07.1983 and 28.03.1989 executed by defendant No.1 in favour of defendant No.2. It is the case of the plaintiff that the suit schedule properties are the self-acquired properties of his father i.e., defendant No.1. Defendant No.1 executed a settlement deed in favour of the plaintiff on 28.03.1977. The plaintiff was a minor as of the date of execution of a settlement deed, by virtue of a settlement deed, the plaintiff became the absolute owner in possession of the suit prop

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