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2023 Supreme(Online)(Kar) 36911

PRINCIPAL BENCH AT BENGALURU
MR. BENEDICT FERNANDES – Appellant
Versus
SISTER CHRISTIAN FERNANDES – Respondent


This second appeal is filed by the appellant

challenging the judgment and decree dated 30.07.2016

passed in R.A.No.39/2011 by the Principal Senior Civil

Judge and JMFC, Bantwal, D.K., confirming the judgment

and decree dated 13.04.2011 passed in O.S.No.23/1994

by the Principal Civil Judge and JMFC, Bantwal, D.K.

Parties are referred to as per their ranking

before the trial Court. The appellant is defendant

No.2(h). Respondent Nos.1 to 6 are the defendants.

Respondent Nos.7 to 14 are the plaintiffs.

3. The brief facts leading rise to filing of this appeal

are as under:

It is the case of the Plaintiffs that father of plaintiff

No.1 Doomappa Shetty and husband of plaintiff No.1

Monthu Fernandes were tenants in respect of part I and II

of plaint 'A' schedule property. After the Karnataka Land

Reforms Act, 1961, came into force, they were declared as

- 5 -

occupants in respect of the said properties. After the

demises of Doomappa Shetty and Monthu Fernandes, the

plaintiffs are in lawful and exclusive possession of plaint 'A'

schedule property. Part I and II of plaint 'X' schedule

properties were adjacent to the Government waste vacant

land forming direct kumki to part I and II

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