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KARNATAKA HIGH COURT
MR RAVI V HOSMANI, J
SMT MANIKYAMMA DEAD BY HER LRs – Appellant
Versus
SRI SOMANNA DEAD BY LRs – Respondent
| Table of Content |
|---|
| 1. prior possession and agricultural land acquisition. (Para 1 , 2 , 3) |
| 2. defendants contest ownership through adverse possession. (Para 4 , 10 , 11) |
| 3. plaintiff's alterations to the pleadings to include mandatory injunction. (Para 12 , 18) |
| 4. adverse possession as admission of title. (Para 19 , 21) |
| 5. court's focus on proper evidence assessment. (Para 39 , 40) |
CAV JUDGMENT
2. Brief facts of case are that, appellant was plaintiff in O.S.no.97/1992 filed for permanent injunction restraining defendants, their agents etc., from interfering with peaceful possession and enjoyment of property measuring 1 Acres 20 guntas of dry land in Sy.no.478/5 totally measuring 3 Acres situated at Someshwara Palya, Mulbagal Town ('suit property' for short).
4. After service of suit summons, defendants no.2, 4, 6 and 7 failed to enter appearance. Therefore, they were placed ex parte. Defendant no.3 filed written statement denying plaintiff's claim to have purchased suit property, being in possession as well as allegation about defendants attempting to interfere with her possession. It was contended defendant had perfected title over suit property by way of adverse possession. It was also sta
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