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KARNATAKA HIGH COURT
K.SOMASHEKAR, VENKATESH NAIK T, JJ
THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA VIDHANA VEEDHI DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 – Appellant
Versus
S.M. JAYANNA S/O. MALLESHAPPA AGED ABOUT 47 YEARS RESIDENT OF SATHANAKERE VILLAGE KANAKKATE HOBLI ARASIKERE TALUK-573 103 – Respondent
| Table of Content |
|---|
| 1. identification of parties and case details. (Para 1 , 2) |
| 2. plaintiff's claim of ownership and damages. (Para 3) |
| 3. defendants' arguments against plaintiff's ownership. (Para 4) |
| 4. trial court issues and evidence presented. (Para 5 , 6 , 7) |
| 5. points of contention for appellate review. (Para 12 , 13) |
| 6. court's examination of ownership evidence. (Para 14 , 15 , 16) |
| 7. demolition actions and accusations of notice violations. (Para 17 , 18) |
| 8. rule of law principles impacting demolition actions. (Para 19 , 20) |
| 9. right to shelter and implications of demolition. (Para 27 , 32) |
| 10. final order of the appellate court. (Para 49 , 51) |
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE VENKATESH NAIK T)
This appeal is filed by the appellants-State challenging the judgment and decree dated 02.12.2017 passed by the learned Senior Civil Judge and JMFC, Arsikere (herein after referred to as 'the trial Court', for brevity) in O.S.No.22/2013.
2. For the purpose of convenience, the parties are referred to as per their ranking before the trial Court. The appellants are defendant Nos.14, 13, 12, 1 to 5, 7 to 9 and 11 respectively and respondents are plaintiff, defendant Nos.6 and 10 respectively.
3. The b
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