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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

This Regular Second Appeal is filed by the appellant, challenging the judgment and decree dated 9.02.2016, passed in R.A.No.49/2012 by the learned II Additional Senior Civil Judge, Kolar (Itenerating at Mulbagal) setting aside the judgment and decree dated 13.02.2012 passed in O.S.No.337/2009, by the learned Additional Senior Civil Judge and JMFC, Mulbagal, regarding the declaratory relief.

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.

3. Brief facts leading rise to the filing of this appeal are as follows:

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

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