KARNATAKA HIGH COURT
MR. V SRISHANANDA, J
SMT BHAGYA W/O LATE B.T. THAMMANNA, YADUKUMAR S/O. LATE B.T. THAMMANNA, SMT B.T. SHOBA D/O LATE B.T. THAMMANNA, MADHU KUMAR S/O LATE B.T. THAMMANNA – Appellant
Versus
P VIJAYA KUMAR S/O.LATE H V PAPANNA, JAGADEESHA S/O NARASEGOWDA, SHIVANNA S/O MARISINGAIAH – Respondent
| Table of Content |
|---|
| 1. plaintiffs claim ownership via partition. (Para 3 , 4 , 10) |
| 2. court observes the implications of possession based on unregistered deeds. (Para 12 , 19 , 25) |
| 3. final judgment clarified regarding dismissal based on evidence presented. (Para 18 , 22 , 36) |
| 4. arguments against the validity of unregistered deeds. (Para 20 , 21 , 39) |
ORAL JUDGMENT
Heard Sri. Sangamesh R.B., learned counsel for the appellants and Sri. P. Mahesha, learned counsel for the respondents.
2. Unsuccessful plaintiffs are the appellants in both these appeals challenging the dismissal of their suit and decreeing the counterclaim made by the defendants granting in order of permanent injunction.
3. Facts in the nutshell which are utmost necessary for disposal of the present appeals are as under:
Plaintiffs filed a suit in O.S. No.1132/2011 in respect of the following immovable property (hereinafter referred to as 'suit schedule property'.)
SCHEDULE
The property bearing No.1510, measuring East to West : 30 Feet and North to South : 40 feet, total 1200 sq.ft., situated at Bhogadi Village, Kasaba Hobli, Mysuru Taluk, carved out of Sy.No.199, measuring 33.08 guntas, bounded on :
East by : Site bearing No.1511,
W
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