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2025 Supreme(Online)(Kar) 31531

KARNATAKA HIGH COURT
ANANT RAMANATH HEGDE, J
DEVAKKAMMA W/O HEMAREDDY – Appellant
Versus
DANAMMA W/O SHIVAREDDEPPA GARGOL – Respondent


Advocates:
For the Appellants/Petitioners: SRI BASAWARAJ KAREDDY
For the Respondents: SRI LIYAQAT FAREED USTAD, ADV. FOR R1;V/O DATED 21.03.2017 SERVICE OF NOTICE IN R2 IS HELD SUFFICIENT

Table of Content
1. ownership claims impacted by procedural compliance. (Para 1 , 3 , 12 , 14)
2. existing decrees influence future ownership claims. (Para 4 , 10)
3. decrees must consider proper party involvement. (Para 5 , 11 , 18)

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

RSA No.7376/2011 is arising from the concurrent findings in a suit for declaration and injunction. The suit is decreed in part for granting the relief of injunction. The defendants also filed an appeal granting a decree nullifying the compromise decree between the parties. The relief of declaration is denied. Aggrieved by the same, the defendants filed an appeal. The appeal is dismissed. Hence, the defendants are before this Court in Second Appeal.

2. Before the First Appellate Court, the plaintiff filed an appeal against the decree declining the relief of declaration of title. Both the appeals are dismissed. Plaintiff has filed Second Appeal in RSA No.7386/2011.

3. The relief of declaration sought is as under:

(a) The plaintiff be declared that the plaintiff is the owner and possessor of the suit land as shown in paragraph No.2 of the plaint.

(b) The defendants be perpetually restrained from interfer

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