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2024 Supreme(Online)(KAR) 367

HIGH COURT OF KARNATAKA
ANANT RAMANATH HEGDE, J
SRI CHIKKABYREGOWDA S/O PUTTEGOWDA – Appellant
Versus
SRI NINGEGOWDA @ CHIKKATHAMMEGOWDA SINCE DEAD BY LRS. – Respondent


Advocates:
For the Appellants/Petitioners: R.S.RAVI, NARENDRA D.V. GOWDA
For the Respondents: ABUBACKER SHAFI

Table of Content
1. initial case setup involving ownership dispute. (Para 1 , 2)
2. plaintiff's and defendant's claims established. (Para 3 , 6 , 8 , 10)
3. final adjudication of property ownership. (Para 9 , 18 , 19)
4. court observations on property documentation. (Para 14 , 16)
5. court's final orders on appeal. (Para 21)

JUDGMENT

1. This appeal is by the defendant in O.S.No.124/2005 on the file of Additional Senior Civil Judge, Srirangapatna. The suit is filed in respect of the property bearing Sy.No.39/2 measuring 2 acres 15 guntas in Mogarahalli Village, Belagola Hobli, Srirangapatna Taluk, Mandya District. The plaintiff claimed declaration of title in respect of the suit property referred to above and also sought relief of consequential injunction.

2. The trial Court has decreed the suit in-part, declared that the plaintiff is the owner of 37 guntas and did not grant any injunction.

3. It is also relevant to note that the defendant has also sought relief of declaration and injunction by way of counter claim. The counter claim is filed in respect of the property measuring 1 hectare 48 ares (3 acres 28 guntas) in Mogarahalli Village, Belagola Hobli, Srirangapatna Taluk, Mandya District

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