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THE HIGH COURT OF KARNATAKA
E.S.INDIRESH, J
SRI. D.V. VISHWANATHA GOWDA – Appellant
Versus
C.J. SURESH – Respondent
| Table of Content |
|---|
| 1. ownership and construction details of the property. (Para 1 , 3 , 14) |
| 2. defendants deny unauthorized construction claims. (Para 4 , 5) |
| 3. issues framed by the trial court for consideration. (Para 6) |
| 4. appellant's arguments regarding the trial court's findings. (Para 9 , 10 , 11) |
| 5. consideration of appellate review of trial court decisions. (Para 12 , 13) |
| 6. continuing cause of action and law on encroachments. (Para 15 , 16 , 17) |
| 7. legal entitlement of a neighbor regarding building violations. (Para 18 , 19) |
| 8. final decision on the appeal. (Para 20) |
ORAL JUDGMENT
2. For the sake of convenience, parties are referred to as arrayed before the Trial Court.
4. After service of notice, defendants entered appearance and filed detailed written statement admitting the fact that the plaintiff is the owner of the property towards the Western portion of the property bearing No.78/8 measuring East-West 17 1/2 ft. and North-South 90 ft. and the vendor of the defendants, was owner towards Western half portion of the land measuring East-West 17 1/2 and North-South 90 ft. The defendants have specifically denied the averments made in the plaint that they have put up unauthorized constru
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