HIGH COURT OF KARNATAKA
M.G.S. KAMAL
SRI NAGAPPA NEMACHANDRAPA ONAKUDARI – Appellant
Versus
BABANNA – Respondent
Present appeal filed by the plaintiff being
aggrieved by the judgment and order dated 13.12.2007
passed in R.A.No.31/2006 by the Civil Judge (Sr.Dn.),
Haveri (hereinafter referred to as “the First Appellate
Court” for short) in and by which, the First Appellate Court
allowing the appeal set aside the judgment and decreed
dated 06.02.2006 passed in O.S.No.101/1999 on the file of
Civil Judge (Jr.Dn.) and JMFC, Shiggaon (hereinafter
referred to as “the Trial Court” for short).
The aforesaid suit in O.S.No.101/1999 was filed
by the appellant herein for the relief of declaration
declaring him as the absolute owner in lawful possession
and enjoyment of the suit property having acquired the
same by way of adverse possession and for consequential
relief of permanent injunction against the defendants.
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Parties in this appeal are referred to as per
their ranks before the Trial Court for the sake of
convenience.
The subject matter of the suit is house and
backyard bearing VPC.No.20 in block No.1 situated at
Dundashi village in Shiggaon Taluk bounded on : East by
hosue and backyard of Sri Babanna Lobgond, West by
plaintiff’s family property, North by Government Road and
South by House an
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