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2024 Supreme(Online)(KAR) 39444

HIGH COURT OF KARNATAKA
ASHOK S.KINAGI
SRI S N GOPAL KRISHNA – Appellant
Versus
THE GOVERNMENT OF KARNATAKA – Respondent


Petitioner Advocates:CHANDRAPPA V ,Respondent Advocate:

ORAL JUDGMENT

This Regular Second Appeal is filed challenging the Judgment and Decree dated 23.12.2020 passed in R.A.No.136/2020 by the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru and the Judgment and Decree dated 27.06.2017 passed in O.S.No.1268/2007 by the I Additional Civil Judge, Bengaluru Rural District, Bengaluru.

2. For convenience, parties are referred to as per their ranking before the trial court. Appellants were the Plaintiffs, and the Respondents were the Defendants. 3. Plaintiffs filed a suit against the defendants for declaration and permanent injunction. It is the case of the plaintiffs that land bearing Sy.No.81/15, measuring East to West 120 feet, North to South 120 feet, situated at Shivakote Village, Hesaraghatta Hobli, Bangalore North Taluk, is the ancestral property of the plaintiffs.

4. Defendant No.3 is the uncle and defendant No.4 is the father of the plaintiff. The plaintiff Nos.3 and 4 are the members of the Hindu Undivided Joint Family and they are in possession in respect of the suit schedule property. The defendant Nos.3 and 4 executed a registered gift deed in favour of defendant No.2, on 26.07.1996 in respect of the sui

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