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2025 Supreme(Online)(Kar) 29527

KARNATAKA HIGH COURT
ASHOK S.KINAGI, J
SRI K ZAFRULLA – Appellant
Versus
SUNITHA K S – Respondent


Advocates:
For the Appellants/Petitioners: SRI. V. VINOD REDDY
For the Respondents: SRI. IRSHAD AHMED K

Table of Content
1. plaintiff claims ownership of suit property. (Para 3)
2. court framed issues for trial resolution. (Para 4)
3. defendants argue against the maintainability of suit. (Para 5 , 6)
4. court analysis on property ownership and possession. (Para 14 , 19 , 22 , 23)
5. final order restores trial court's judgment. (Para 25)

ORAL JUDGMENT

2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellant was the defendant, respondent No.1 was the plaintiff, and respondent Nos.2 to 5 were the defendants.

The plaintiff filed a suit against the defendants for declaration of the title over the suit schedule property, and to declare the registered sale deed dated 03.08.1985 executed in favour of defendant No.1 by defendants No.2 to 4 as null and void, and not binding on him and for permanent injunction restraining defendant No.1 from interfering with the peaceful possession, and enjoyment of the suit schedule property.

3.2. The trial Court issued summons to the defendants. Despite service of summons, the defendant Nos.2 to 4 remained unrepresented. Hence, they were placed exparte.

3.4. The Trial Court, based on the above said pleadings, framed

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