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2023 Supreme(Online)(KAR) 904

HIGH COURT OF KARNATAKA
N S SANJAY GOWDA, J
P SEETHARAMAIAH – Appellant
Versus
MUNISHAMAIAH – Respondent


Advocates:
For the Appellants/Petitioners: H.KANTHARAJA, H K RAVI
For the Respondents: C.G.GOPALA SWAMY, S.V.BHAT

Table of Content
1. facts about property ownership and disputes. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. discussions about possession and title transfer. (Para 11 , 12 , 13 , 14 , 15 , 16)
3. trial court's findings and issues. (Para 21 , 22 , 26)
4. arguments from the appellant's side. (Para 23 , 24 , 25 , 27 , 28)
5. refutation of the trial court's possession claim. (Para 30 , 31 , 32 , 33 , 34)
6. final ruling on ownership and injunction. (Para 56 , 57)

JUDGMENT

2. The geneology as stated in the plaint is as follows:

1. Sri. Beeraiah

2. Smt.Doddakka

3. Smt.Lakkamma

4. Sri.Somashekaraiah

3. Munishamaiah, Narasaiah and Maluraiah, sons of Muniyappa, along with the wife and children of their brothers Rabbaiah and Channaiah instituted a suit seeking for declaration that they were the owners of the property bearing Sy.No.3 of Kukkanahalli Village, Madure Hobli, Doddaballapura Taluk, measuring 2 acres 33 guntas, out of the total extent of 8 acres 17 guntas of land.

5. It was stated that Rabbaiah was in possession on behalf of the family, till he died on 16.12.2002. On the death of Rabbaiah, they stated that they found out that the revenue entries were standing in the name of Seetharamaiah – the

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