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2023 Supreme(Online)(KAR) 14103

HIGH COURT OF KARNATAKA
V SRISHANANDA
K N NARESH S/O NARASAPPA – Appellant
Versus
SRI NARASAPPA – Respondent


JUDGMENT

1. The present appeal is filed by the plaintiff challenging the validity of the judgment and decree passed in O.S.No.5747/2003 dated 05.03.2010 on the file of I Additional City Civil and Sessions Judge, Bengaluru, whereby the suit of the plaintiff came to be dismissed.

2. Parties are referred to as plaintiff and defendants as per their original ranking before the Trial Court for the sake of convenience.

3. Brief factual matrix for disposal of the present appeal are as under:

Plaintiff filed a suit against the defendants seeking for partition and separate possession of his 1/4 share and also for rendering of the accounts and mesne profits and also for an order of permanent injunction restraining the defendants from alienating, encumbering and creating any charge over the property bearing No.293, situated at 60 feet road, Shivanagar, Rajajinagar, Bengaluru, consisting of four dwelling houses, four shop portions constructed in a site measuring 25x48 feet situated at Shivanagar, Rajajinagar, Bengaluru, bounded on; East by Subbaiah's property, west by road, North by Krishnamurthy's property and South by Gundamma's property (hereinafter referred to as the "suit property" for short).

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