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2025 Supreme(Online)(Kar) 33834

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
unknown, unknown
Eshwarappa K. H. v. Rathnamma Late Onkarappa


Advocates:
For the Appellants/Petitioners: Sri Chandrashekhar G.M.

Table of Content
1. plaintiff's challenge to lower court's decree. (Para 1 , 2)
2. background of property dispute and court processes. (Para 3 , 4 , 5)
3. argument regarding the necessity of a declaration suit. (Para 6 , 7)

1. This appeal is preferred by the plaintiff challenging the judgment and decree dated 21.12.2023 in R.A. No.27/2020 on the file of III Additional Senior Civil Judge and JMFC at Davangere, allowing the appeal and setting aside the judgment and decree dated 20.01.2020 in O.S No.702/2012 on the file of the Principal Civil Judge, Davangere decreeing the suit of the plaintiff.

3. It is the case of the plaintiff that the suit schedule property was allotted to the father of the plaintiff - Hanumantappa by Anagodu Gram Panchayat and grant certificate was issued on 01.03.1999. After the demise of his father, plaintiff is in possession of the suit property and the defendants without any semblance of right over the property in question are interfering with the suit schedule property and as such, the plaintiff has filed suit in O.S. No.702/2012 seeking relief of permanent injunction against the defendants.

5. The Trial Court based on pleadings on record, formulated the issues fo

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