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H. P. SANDESH
Thammaiah – Appellant
Versus
Late Puttaiah S/o Seebaiah Since Deceased By His Lrs – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Sri Shantha Veeraiah, Advocate
For the Respondents:Smt. Shruthi S.P., Advocate for Sri M. Vinaya Keerthy, Advocate for R1 to 3

JUDGMENT

This appeal is filed challenging the judgment and decree of dismissal of suit in O.S.No.22/2012 dated 11.12.2014 and the judgment and decree of dismissal of appeal in R.A.No.2/2015 dated 16.12.2016 and pray this Court to set aside both the judgments and allow the appeal and consequently, pass the judgment and decree in favour of the appellant.

2. The factual matrix of the case of the appellant- plaintiff before the Trial Court while seeking the relief of declaration and consequential relief of permanent injunction and later amended for possession is that the suit schedule property originally belongs to one Muttu, S/o. Honnegowda and the same has been purchased by the plaintiff by virtue of registered sale deed dated 18.12.1972 and he was put in possession of the property. The plaintiff is the absolute owner thereof and he has improved the suit schedule property by spending huge money and has raised coconut garden and paying taxes to the concerned authority. The defendants having no manner of right, title or possession over the suit schedule property made an attempt to interfere with his possession and made an attempt to dispossess him from the suit schedule property by deny

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