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KARNATAKA HIGH COURT
DR. K.MANMADHA RAO, J
SRI. ZIYAULLA – Appellant
Versus
ADEEBA BANO – Respondent
| Table of Content |
|---|
| 1. introduction of the regular second appeal context. (Para 1 , 2 , 3) |
| 2. overview of plaintiff’s claim about ownership and encroachment. (Para 4 , 5 , 6) |
| 3. defendant’s position and framed issues for trial consideration. (Para 7 , 8 , 9 , 10) |
| 4. trial court findings and appeal issues. (Para 11 , 12 , 13 , 14) |
| 5. arguments of the appellant regarding proof of claims. (Para 15 , 16) |
| 6. court’s assertion of jurisdiction in a second appeal. (Para 18 , 19) |
CAV JUDGMENT
2. The appellant herein is the plaintiff/appellant before the Courts below and the respondent herein is the defendant/respondent before the Courts below.
4. The plaintiff filed O.S.No.95/2008 against the defendant on the file of Court of Principal Civil Judge & JMFC., at Srinivasapura for the relief of declaration, mandatory injunction and consequential relief of permanent injunction restraining the defendant and his men from interfering with plaintiff’s peaceful possession and enjoyment of the suit schedule property.
6. The plaintiff claims that from the date of purchase he has been in continuous possession and enjoyment of the said vacant sites without obstruction, his ownership and possession being duly recogniz
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