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2023 Supreme(Online)(KAR) 13272

BENCH AT KALBURAGI
ANNAPURNA AND ORS – Appellant
Versus
HANAMANTH – Respondent


The present second appeal by the plaintiffs assailing

the concurrent findings of the courts below, wherein, the

suit of the plaintiffs for declaration seeking cancellation of

sale deed dated 04.02.2008 executed by deceased

Shrishailayya S/o Neelkanthayya Math, the husband of the

plaintiff No.1 and father of plaintiff Nos.2 and 3 came to be

dismissed by the courts below.

The parties are referred to as per their rank

before the trial court for the sake of convenience.

Brief facts of the case are that, the plaintiffs

filed suit for declaration seeking cancellation of sale deed

dated 04.02.2008 executed by deceased Shrishailayya,

the husband of the plaintiff No.1 and father of plaintiff

Nos.2 and 3 in respect of the suit land bearing Sy.No.26/1

measuring 05 acres 20 guntas in favour of defendant No.1

and restraining defendant No.2 from mutating the name of

defendant No.1 in the revenue records. It is the case of

the plaintiffs that sale deed executed by deceased

- 4 -

Shrishailayya in favour of defendant No.1 was by obtaining

fraud and the signature of the deceased Shrishailayya was

taken in a drunken state of mind and the said sale deed

has been obtained by fraud and misreprese

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