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2025 Supreme(Online)(Kar) 20160

KARNATAKA HIGH COURT
SHINGANALU DODDABASAPPA – Appellant
Versus
KAMAREDDY THIMMAPPA – Respondent


ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)

1. These appeals are directed against the common judgment and decree dated 29.03.2006 passed in RA Nos.69/2005, 73/2005 and 80/2005 on the file of Additional Senior Civil Judge (Jr.Dn.) Hospete (for short, ‘First Appellate Court’).

2. Originally suit in OS No.22/2003 is filed by S. Hanamanthappa, S. Bhimappa, S. Pampanna, S. Jambanna, S. Chandrappa (hereinafter referred to as plaintiffs) against one Shinganalu Doddabasappa (hereinafter referred to as defendant) seeking judgment and decree of permanent injunction restraining the defendant from dispossessing them from land bearing Sy.No.133B measuring 1-48 acres and land Sy.No.135B measuring 2-37 acres situated at Dharmasagar village, (hereinafter referred to as the suit schedule properties), contending inter alia that;

(a) That the plaintiffs are the absolute owners of the plaintschedule properties same being their ancestral properties.

(b) That one Pompanna, the grand father of the plaintiffs was the owner in lawful possession and enjoyment of the suit properties till his demise. Thereafter, his sons namely Thimappa, Rachotappa, Yeribasappa were in lawful possession and enjoymen

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