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HIGH COURT OF KARNATAKA
M.G.S. KAMAL, J
SMT. BENNY D'SOUZA W/O SRI ANTONY D'XOUZA – Appellant
Versus
MELWIN D'SOUZA S/O LATE PAUL D'SOUZA – Respondent
| Table of Content |
|---|
| 1. dispute over ownership and allegations of illegal demolition. (Para 2 , 3) |
| 2. court findings on possession and lack of evidence. (Para 4 , 5) |
| 3. arguments from plaintiffs and defendants regarding evidence and possession. (Para 9 , 10) |
| 4. court's rationale on evidence and repeating litigation. (Para 12 , 16) |
JUDGMENT
1. This appeal is by the plaintiffs aggrieved by the judgment and decree dated 15.07.2017 passed in O.S.No.205/2011 on the file of the I Addl. Civil Judge & JMFC, Mangaluru, D.K. (hereinafter referred as 'Trial Court'), which is confirmed by the judgment and order dated 21.01.2021 passed in R.A.No.144/2017 on the file of the II Additional Senior Civil Judge & CJM, Mangaluru, D.K. (hereinafter referred as 'First Appellate Court').
2. The above suit in O.S.No.205/2011 is filed by the plaintiffs for the relief of prohibitory injunction and mandatory injunction contending inter alia that the suit schedule properties were originally granted in the name of their father one Sri Simon D'Souza under the provisions of the Karnataka Land Tribunal Reforms Act, 1961 , by the Land Tribunal, Mangaluru, in LRT.No.8/1978-79 vide order dated 28.10.1978. Upon the demise of
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