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ARAVIND KUMAR
Mohammad Ghayasulla – Appellant
Versus
H. Asadulla Shariff – Respondent


Counsel for the Parties:
For the Appellants:Sri Rahamathulla Shariff, Advocate.
For the Respondents:Sri B.N. Anantha Narayana and Sri Iqbal Patel, Advocates.

JUDGMENT

Aravind Kumar, J.— This is a defendant appeal questioning the correctness and legality of the judgment and decree passed in OS No. 4692 of 1997, dated 10.4.1997 on the file of the VIII Additional City Civil Judge, Bangalore whereunder the suit filed by the appellants for declaration came to be dismissed.

2. The facts leading to the filing of this appeal are as under and the parties are referred to as per their rank in the Trial Court.

2.1 The plaintiffs instituted a suit in OS No.4692 of 1997 on the file of the City Civil Court, Bangalore, seeking the following relief:

(i) To declares that the plaintiffs as the absolute owners of the schedule property and that the defendants have no manner of right, title or interest in the property.

(ii) To issue an order of permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the schedule property in any manner.

(iii) To declare that the sale deed registered as No. 8244, dated 28.4.1994 at pages 71-74 in Book I, Volume 5086 of 1993-94 between the defendants as null and void, and

(iv) To grant such other consequential relief including costs as this Hon’ble Court deem fit in the


















































































































































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