CAV JUDGMENT

This appeal is filed under Section 96 of the Code of Civil Procedure challenging the judgment and decree passed in O.S.No.6518/2006 dated 08.10.2010 by the XXIV Additional City Civil & Sessions Judge, Bengaluru City (CCH No.6), wherein the appellant's suit for permanent injunction was dismissed with costs.

2. For the purpose of convenience, the parties are referred to as per their ranking before the trial Court. The appellant was the plaintiff and respondents were the defendants before the trial Court.

3.(a) The case of the plaintiff is that land bearing Sy.No.52, measuring 2 acre of Malagalu Village, Yeshwanthapura Hobli, Bengaluru North Taluk, came to be purchased by one G. Kempaiah and his brothers under the registered sale deed dated 14.01.1959 and pursuant to the sale deed, the name of G. Kempaiah came to be entered in the revenue records. It is averred that the sons of Sri. G. Kempaiah i.e. Krishnamurthy and D. Narayana have formed the private layout and sold the sites in favour of the different persons. It is further averred that the children of G. Kempaiah sold site No.67 in favour of Smt. Gangamma by executing General Power of Attorney and also an affidavit by pu