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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