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2025 Supreme(Online)(Kar) 39926

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SRI SRINIVAS S GOWDA – Appellant
Versus
SMT HEMALATHA M – Respondent


ORAL JUDGMENT

This regular first appeal is filed by defendant Nos.1 and 2 assailing the judgment and decree dated 29.02.2024 passed in O.S. No.4938/2018 on the file of XXXIII Additional City Civil and Sessions Judge, Bengaluru (CCH-33) (hereinafter referred to as ‘Trial Court’ for short), whereby the Trial Court decreed the suit for permanent injunction in favour of the plaintiff-respondent No.1, restraining the present appellants and respondent Nos.2 and 3 from interfering with her peaceful possession and enjoyment of the property bearing Site No.752/C, Katha No.945/96/752/C situated at Nagarabhavi Village, Yeshwanthapur Hobli, Bengaluru (hereinafter referred to as the ‘suit property’ for short) formed in the approved layout of Sri Vinayaka Housing Building Cooperative Society Limited (‘society’ for short).

Plaint averments:

2. The plaintiff asserted that she is the absolute owner and in lawful possession of the suit property situated in the BDA approved layout formed by Society. The suit property was originally allotted to her mother, Smt. Puttanarsamma, under allotment letter dated 17.05.1997 and subsequently, conveyed through a registered sale deed dated 26.02.1999 executed by the

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