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2022 Supreme(Online)(Kar) 245

KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
H P KUMAR – Appellant
Versus
SRI Y S RAVIKUMAR – Respondent


Advocates:
['DINESH RAO N', 'GIRIDHAR S V', 'GIRIDHAR AND CO', 'DHANANJAYA C P']

JUDGMENT

Challenging order dated 26.08.2022 passed by XXIV Additional City Civil and Sessions Judge, Bengaluru City (CCH-6) on I.A. filed under Order XXXIX Rules 1 and 2 of CPC, in O.S.No.3694/2021 this appeal is filed.

2. Appellant herein was plaintiff, while respondents herein were defendants no. 1 to 4 respectively in suit. They shall hereinafter be referred to as such.

3. O.S.No.3694/2021 was filed by plaintiff seeking for declaration that plaintiff was absolute owner of schedule 8A9 and 8B9 properties (hereinafter referred to as 8suit properties9 for short). He had also sought for declaration that gift deeds dated 21.06.2010; sale deeds dated 14.05.2007 and 05.03.1981; confirmation deed dated 29.11.2017 as null and void and cancel same as not binding on plaintiff; so also judgment and decree passed in O.S.No.8770/2012 passed by X Addl. City Civil and Sessions Judge, Bengaluru, as not binding on plaintiff and for permanent injunction restraining defendants from interfering/trespassing into suit properties etc.

4. In said suit, plaintiff had filed I.A.no.1 under Order XXXIX Rule 1 and 2 of CPC for temporary injunction restraining defendants no.1 and 2 from interfering/ trespassing i

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