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2024 Supreme(Online)(KAR) 21170

HIGH COURT OF KARNATAKA
DR. JUSTICE H.B.PRABHAKARA SASTRY, MR JUSTICE RAMACHANDRA D. HUDDAR, JJ
NAGENDRA REDDY – Appellant
Versus
M G SHANTHKUMAR – Respondent


Advocates:
SRI.M.S.BHAGAVATH, SRI. RAMAKRISHNA M., SRI. RVS NAIK, SRI.NITIN PRASAD, SRI. T. SURYANARAYANA, LEARNED AGA

JUDGEMENT

This appeal is directed against the judgment and decree passed in O.S.No.2237/2006 dated 03.01.2013 by the Fast Track Court-IV Bengaluru Rural District, Bengaluru (for short “Trial Court”) decreeing the suit of the plaintiffs by declaring that plaintiffs are the absolute owners in possession and enjoyment of the suit schedule property and declaring that the sale deed dated 06.07.2006 presented for registration on 11.07.2006 before defendant No.2 bearing No.P7130/06-07 in respect of the suit schedule properties is null and void and the permanently restraining the defendants from interfering with plaintiff’s possession and enjoyment over the suit schedule property. There was direction to draw a decree in the above terms.

2. The appellant was defendant No.1

and respondents 1(A) to 1(M) were the plaintiffs and respondents 2 to 4 were the defendants 2 to 4 before the Trial Court.

3. For the purpose of convenience, the parties to this appeal are referred as per their rank before the Trial Court.

4. The records of this appeal reveal that, the original plaintiff by name M.G.Shantakumar S/o.Late M.L.Gopalashetty filed suit in O.S.No.2237/2006 seeking the relief of declaration and

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