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2018 Supreme(Online)(Kar) 2990

IN THE HIGH COURT OF KARNATAKA
Sreenivas Harish Kumar, J
Basavanthappa and Others v. Basavanneppa and Others


1. These two appeals have been filed challenging the common judgment and decree dated:23.07.2005 in O.S.No.1/1995 and 31/1995 on the file of Senior Civil Judge, Ranebennur. R.A.No. 118/2005 was filed in the court of District Judge, Haveri. By virtue of order passed by this Court in C.P.28/2006, R.A.No. 118/2005 was withdrawn from the Court of District Judge, Haveri for being decided along with R.F.A.No. 1275/2005. R.A. No. 118/2005 has been re - numbered in this court as RFA No. 100106/2017.

2. The appellants in R.F.A.No. 1275/2005 are the plaintiffs in O.S. No. 1/1995. The appellants in RFA No. 100106/2017 are defendant Nos. 1, 4 and 5 in O.S. No. 31/1995. The case pleaded by the parties before the Trial Court has been summarized as below.

3. The subject - matter of the suit O.S.No.1/1995 is 01.26 acres of land out of 4.37 acres in Re - survey No. 47/2 / A+B+C+D:1 of Purat - keri village, Hirekerur Taluk, Haveri District (referred to as suit property). In O.S.No.31/1995, the properties involved are the said agricultural land and a house property described in Schedules A and B of the plaint.

4. O.S. No. 1/1995 was filed for the reliefs of declaration that sale deed executed in favour


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