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THE HIGH COURT OF KARNATAKA
MR. R. NATARAJ, J
SRI. SELVARAJ V. – Appellant
Versus
SRI. G. MUNIVENKATAPPA – Respondent
| Table of Content |
|---|
| 1. claim of ownership and possession. (Para 3) |
| 2. defendants contest the plaintiff’s ownership. (Para 4 , 5) |
| 3. arguments on necessity of title declaration. (Para 11 , 12) |
| 4. clarification on need for title declaration. (Para 15 , 16) |
| 5. conclusion to allow appeal and decree in favor of plaintiff. (Para 18) |
| 6. final order after appeal. (Para 19) |
ORAL JUDGMENT
The plaintiff in O.S.No.7876/2006 on the file of the XVII Additional Civil Judge, Bengaluru City (CCH-16) (henceforth referred to as 'Trial Court') has filed this appeal challenging the judgment and decree dated 22.03.2010 passed therein by which, the suit filed by him was dismissed.
2. For the sake of convenience, the parties shall henceforth be referred to as they were arrayed before the Trial Court. The appellant was the plaintiff and the respondents were the defendants before the Trial Court.
3. (i) A suit in O.S.No.7876/2006 was filed for perpetual injunction in respect of a house bearing Site No.1, House List khata No.160, situated at Babusabarapalya, Chelakere Dhakale, K.R. Puram Hobli, Bengaluru South Taluk, measuring East to West 46 feet and North to South 30 feet. The plaintiff claimed that he had purchased th
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