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2022 Supreme(Online)(Kar) 36081

KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SRI. AMEER SAB – Appellant
Versus
ABDUL KHALAK – Respondent


&

DECREE

DTD

17.7.2013

PASSED

IN

R.A.NO.38/08 ON THE FILE OF ADDITIONAL SENIOR CIVIL

JUDGE AND JMFC, MADHUGIRI, DISMISSING THE APPEAL AND

CONFIRMING THE JUDGEMENT AND DECREE DTD 11.1.2008

PASSED IN OS.NO.16/05 ON THE FILE OF CIVIL JUDGE (JR.DN.)

AND JMFC, KORATAGERE.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT ON 27.07.2022, COMING ON FOR PRONOUNCEMENT

OF JUDGMENT THIS DAY, THE COURT DELIVERED THE

FOLLOWING:

5 . SHAMIULLA

AGED ABOUT 49 YEARS

RESPONDENT NO.1 TO 5 ARE

THE SONS OF SMT.JAHARABI,

THEY ARE R/O HOGEBEELU, 2ND BLOCK,

MADHUGIRI TOWN, TUMKUR DISTRICT

6 . MAHABOOBI

W/O HUSSAIN KHAN,

AGED ABOUT 47 YEARS

7 . ZAREENA TAJ

W/O USEUF SHARIEF,

AGED ABOUT 43 YEARS,

RESPONDENT NO.6 & 7 ARE

R/O TUMKUR TOWN

3

JUDGMENT

The captioned second appeal is filed by unsuccessful

defendant questioning concurrent findings of the Courts

below wherein the plaintiffs9 suit seeking declaration of title

and also declaration to the effect that the sale deed dated

27.11.2001 set up by defendant is a concocted document

and for consequential relief of injunction is decreed by both

the Courts.

2.

For the sake of convenience, the parties are

referred to as per their rank before the trial Cour

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