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2024 Supreme(Online)(KAR) 1525

HIGH COURT OF KARNATAKA
K. NATARAJAN, J
SRI. VENKATESH REDDY – Appellant
Versus
R. GOPALA KRISHNA – Respondent


Petitioner Advocates:SHAILESH KUMAR R ,Respondent Advocate: NISHANTH A V

JUDGMENT

These three appeals are filed by the appellants-

plaintiffs under Section 96 of CPC for setting aside the judgment and decree passed by the XXXIX Additional City Civil and Sessions Judge, Bengaluru in O.S. Nos.5725/2014, 5727/2014 and 5729/2014 for having dismissed the suit of the plaintiffs vide judgment dated

25.11.2021.

2. Heard the arguments of learned counsel for the appellants and learned counsel for the respondents.

3. The appellants are the plaintiffs and the respondents are the defendants before the trial Court and the rank of the parties, before the trial Court, is retained for convenience.

4. The brief facts of the case of the plaintiff in O.S. No.5725/2014 (R.F.A No.750/2022) is that the plaintiff filed a suit for bare injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the property bearing site No.2, Khatha No.121, property No.121 situated at Kundalahallil village, K.R. Puram Hobli, now comes under the BBMP limits, measuring East to West 50 feet and North to South 45 feet, in all measuring 2250 square feet and four shops constructed thereon (hereinafter referred to as 'suit schedule property'). It is stated in the pl

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