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2023 Supreme(Online)(KAR) 17597

HIGH COURT OF KARNATAKA
H.P.SANDESH
SMT ZAIBUNNISSA – Appellant
Versus
G S AEJAZ AHMED – Respondent


This matter is listed for admission. Heard the learned

counsel appearing for the appellant.

2.

This appeal is filed challenging the judgment

and decree dated 16.09.2022 passed in R.A.No.9/2019 on

the file of the Senior Civil Judge, Gudbande.

3.

The factual matrix of the case of the plaintiff

before the Trial Court is that she is the absolute owner in

peaceful possession and enjoyment of the suit schedule

property

acquired

under

registered

sale

deed

No.282/2006-07

n

18.07.2006

for

valuable

sale

consideration executed by Karnataka State Financial

- 3 -

Corporation (KSFC) in an auction by highest bidder. It is

also the contention that from the date of sale, she is in

possession and enjoyment of the suit schedule property

without any interruption and katha also changed in her

name by the Town Panchayat of Gudibande. Originally,

the suit schedule property was belonged to M/s. Modern

Wood Works having place of business at No.1519/31-A of

Gudibande represented by defendant No.1 and he raised

loan by mortgaging the suit schedule property on

24.06.1993

for

Rs.1.25

lakhs

in

favour

of

KSFC.

Thereafter, defendant No.1 failed to discharge the debt

and KSFC sold the suit schedule property

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