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2025 Supreme(Online)(Kar) 39757

THE HIGH COURT OF KARNATAKA
E.S.INDIRESH, J
SRI. D.V. VISHWANATHA GOWDA – Appellant
Versus
C.J. SURESH – Respondent


Advocates:
For the Appellants/Petitioners: SMT. SUGUNA R. REDDY

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

This appeal is arising out of the judgment and decree dated 29.06.2013 in O.S.No.6437/2009 on the file of the XXXVII Additional Civil and Sessions Judge, Bengaluru City dismissing the suit of the plaintiff.

2. For the sake of convenience, parties are referred to as arrayed before the Trial Court.

3. The plaint averments are that, one K.V.Thandaveshwara was absolute owner of the property bearing No.78/8, totally measuring East-West 35 ft and North-South 90 ft situated at Magadi Main Road. It is further stated that, the original owner of the property, K.V.Thandaveshwara, sold the schedule property in favour of M.

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