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2024 Supreme(Online)(KAR) 36007

HIGH COURT OF KARNATAKA
MRS JUSTICE K.S. HEMALEKHA, J
SMT. KADADUR SATHYAAMMA W/O LATE HANAMANTAPPA – Appellant
Versus
SMT. AYYAMMA D/O LATE HARISHCHANDRA GOUDA W/O P GADILINGAPPA – Respondent


Petitioner Advocates:SHIVARAJ P MUDHOL ,Respondent Advocate:

Table of Content
1. defendants deny execution (Para 4 , 5 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
2. trial court's findings (Para 6 , 7 , 8)

ORAL JUDGMENT

(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)

The defendants are before this Court in this regular second appeal assailing the judgment and decree dated 23.08.2023 in R.A. No.18/2014 on the file of the Principal Senior Civil Judge and CJM., Ballari (hereinafter referred to as the ‘First Appellate Court’, for short) reversing the judgment and decree in O.S. No.485/2008 dated 18.12.2013 on the file of the III Addl. Civil Judge, Bellary (hereinafter referred to as the ‘trial Court’, for short), wherein, the First Appellate Court set aside the judgment and decree of the trial Court and decreed the suit of the plaintiff, declaring the plaintiff as owner of the suit schedule property and entitled for vacant possession.

2. Parties herein are referred to as per their rank before the trial Court, for the sake of convenience.

3. Suit for declaration that the plaintiff is the absolute owner of the suit schedule property i.e. agriculture land Sy.No.114-A/2B to an extent of 1.80 acres (hereinafter referred to as the ‘suit schedule property’ for

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