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2024 Supreme(Online)(KAR) 8583

HIGH COURT OF KARNATAKA
C M JOSHI
SRI T NAGAPPAIAH NAVADA – Appellant
Versus
SRI VENKATAPPA – Respondent


Petitioner Advocates:,Respondent Advocate: T J MARIYAPPA FOR R1

JUDGMENT

Being aggrieved by the common judgment and decree in OS No.2504/1999 and OS No.1059/1999 passed by the learned XIV Additional City Civil Judge, Bangalore, (CCH No.28) dated 21-10-2009, the plaintiff in both the suits is before this Court in appeals.

2. OS No.2504/1999 is a suit for declaration of title and possession and OS No.1059/1999 is for injunction simplicitor. Therefore, the facts as narrated in OS No.2504/1999 would be relevant and will have greater scope.

3. The brief facts as contended by the plaintiff in OS No.2504/1999 are as below:

The suit schedule 'A' property is described to be property measuring 62 ft. East-West on the northern side and on southern side 64 1/2 ft; and North- South 40 ft; situated in CTS No.2645 and site No.118/35 at 2nd Main Road, Industrial Town, Rajajinagar, Bangalore-44. The suit schedule 'B' property is described as a portion of suit schedule 'A' property having Asbestos sheet roofed shed measuring 18 ft. on the northern side of 'A' schedule property.

4. The plaintiff contended that he is the absolute owner of the 'A' schedule property since he purchased the same under the registered sale deed in the year 1966 from its previous owner. Late

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