AND

DECREE

DATED

17.03.2015 PASSED IN R.A. NO.42/2012 ON THE FILE OF

THE II ADDL. SENIOR CIVIL JUDGE AND J.M.F.C.,

CHITRADURGA,

DISMISSING

APPEAL

AND

CONFIRMING

JUDGMENT

AND

DECREE

DATED

12.10.2012 PASSED IN O.S. NO.20/2002 ON THE FILE OF

THE PRINCIPAL CIVIL JUDGE & J.M.F.C., CHITRADURGA.

3

THIS APPEAL HAVING BEEN HEARD AND RESERVED

FOR JUDGMENT ON 08.09.2022, COMING ON FOR

PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT

DELIVERED THE FOLLOWING:

JUDGMENT

The captioned second appeal is filed by the

unsuccessful

defendant

who

has

questioned

concurrent judgments and decrees of the Courts

below wherein both the Courts have declared plaintiff

as the owner of the suit schedule property and have

further declared that the sale deed dated 16.12.1989

is

a

fraudulent

and

a

void

document

and

consequently,

defendant

is

directed

to

deliver

possession of the suit schedule property in favour of

the plaintiff.

2.

For the sake of convenience, the parties

are referred to as per their rank before the Trial Court.

3.

Plaintiff instituted a suit for possession.

Plaintiff also sought the relief of declaration claiming

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that he is the absolute owner of the suit schedule

property. Plaintiff specifically c