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2024 Supreme(Online)(Kar) 36782

KARNATAKA HIGH COURT
H.P.SANDESH, J
H. R. PRASANNA KUMAR – Appellant
Versus
Y. C. DASARAJ URS – Respondent


Advocates:
SRI MOHAN B.K., SRI. K.N.NITISH, SRI K.V.NARASIMHAN, SRI G.B.SHARATH GOWDA

JUDGEMENT

(PER: THE HON'BLE MR JUSTICE H.P.SANDESH) The appeal in R.S.A.No.818/2019 is filed by the appellant/plaintiff questioning the judgment and decree passed in O.S.No.540/1996, wherein the Trial Court dismissed the suit filed by the plaintiff for the relief of declaration and the same was affirmed by the First Appellate Court.

2. The appeal in R.S.A.No.815/2019 is also filed by the appellant/plaintiff questioning the judgment and decree passed in O.S.No.779/2007 filed for the relief of declaration, mandatory injunction and permanent injunction which was partly decreed declaring that the plaintiff is the absolute owner of the suit schedule property and it is also declared that suit schedule property is part and parcel of Door No.1893 and the NC: 2024:KHC:28814 RSA No. 818 of 2019 C/W RSA No. 815 of 2019 relief in respect of mandatory injunction sought by the plaintiff is rejected and the defendant is restrained by way of permanent injunction from interfering with peaceful possession and enjoyment of the plaintiff over the suit schedule property.

The same was affirmed by the First Appellate Court.

3. The factual matrix of the case of the plaintiff in O.S.No.540/1996 before the Tria

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