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2023 Supreme(Online)(Kar) 32079

HIGH COURT OF KARNATAKA (DHARWAD BENCH)
SHRI GURULINGAPPA S/O. RAMAPPA KANKANAWADI – Appellant
Versus
SHRI SIDARAY S/O KADAPPA ATHANI – Respondent


Aggrieved by the orders dated 29.10.2021 passed

by Senior Civil Judge and JMFC, Banahatti, on I.A. Nos.1

to 4 in OS No.117/2021 and the orders dated 16.10.2021

passed in M.A. No.5019/2021 C/w. M.A. No.5020/2021 by

I Additional District and Sessions Judge, Bagalkot, sitting

at Jamakhandi, WP. No.105226/2021 is filed by the

defendants in the original suit and aggrieved by the order

passed on I.A. No.5 in OS No.117/2021 dated 16.12.2021

WP. No.105227/2021 is filed by defendants in the original

suit.

For sake of convenience the parties are referred

to as per their status before the trial Court.

3.

The plaintiff claiming to be owner of 8 acres 6

guntas of land in RS No.32/1 Kulhalli village, Rabkavi

Banhatti, filed OS No.117/2021 with the following prayers;

A)

“The Hon’ble Court may kindly be declare that,

plaintiff is the absolute owner of Rs.32/1

measuring

8A-06Gs

as

per

the

title

and

boundaries described in the sale deed dated

10.05.1974.

- 4 -

B)

The

Hon’ble

Court

may

further

grant

on

consequential

relief

of

permanent

injunction

against the defendants restraining them from

causing obstructions to the peaceful possession

and enjoyment of the suit land by plaintiff.

C)

Cos

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