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2024 Supreme(Online)(Kar) 43828

KARNATAKA HIGH COURT
SRI S RAMAIAH – Appellant
Versus
MUNIYAPPA @ THIMMAIAH – Respondent


JUDGMENT

Defendant Nos. 2 to 6 in OS No.603/1998 have approached this Court in appeal assailing the judgment of the learned XIV Additional City Civil Judge (CCH No.28), Bangalore, dated 19-07-2005, whereby the suit of plaintiff/respondent No.1 (now represented by his LRs) came to be decreed declaring that he is the owner of the suit schedule properties and he is entitled for possession of the same.

2. The parties would be referred to as per their ranks before the trial Court for the sake of convenience.

3. The factual matrix of the case which are relevant for the purpose of this appeal are as below:

The plaintiff-Muniyappa contended in his plaint that he is the absolute owner of the suit schedule properties which are pieces of lands measuring 115 feet East to West and 62 feet North to South, bearing katha No.18, House List No.21/3 and the piece of the land measuring 66 feet East to West and 56 feet North to South bearing katha No.38/2 House List No.11, both situated at Kariyammana Agrahara, Varthur Hobli, Bangalore South Taluk.

4. Plaintiff contended that the land bearing Survey No.1/1 (Old No. 2) measuring 01 acre 14 guntas, situated at Kariyammana Agrahara, Varthur Hobli, was purchase

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