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2025 Supreme(Online)(Kar) 40041

THE HIGH COURT OF KARNATAKA
MR. ASHOK S.KINAGI, J
SHRI. N. KRISHNAPPA S/O NARAYANAPPA, SHRI. N. BYRAPPA S/O NARAYANAPPA – Appellant
Versus
SHRI RAMACHANDRAPPA S/O ANKAPPA – Respondent


Advocates:
For the Appellants/Petitioners: SRI. V VISWANATH, SRI. M.K.SHIVARAJU
For the Respondents: SRI. G BALAKRISHNA SHASTRY

ORAL JUDGMENT

This Regular Second Appeal is filed by the appellants challenging the judgment and decree dated 20.10.2012 passed in R.A.No.9/2009 by the learned District Judge at Chickkaballapur.

2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellants were the plaintiffs, and the respondents were the defendants.

3. Brief facts, leading rise to the filing of this appeal, are as follows:

The plaintiffs filed a suit against the defendants for a declaration to declare that the plaintiffs are the absolute owners of the suit schedule property and for a perpetual injunction restraining the defendants from interfering with a peaceful possession and enjoyment of the suit schedule property.

3.1. The suit schedule property is the ancestral and joint family property of the plaintiffs. It is contended that the property stood in the name of Narayanappa i.e., the father of the plaintiffs and the said Narayanappa and the plaintiffs constituted a joint Hindu family and the said Narayanappa was originally a resident of Sidlaghatta, owned several properties, and subsequently, he shifted his residence to Boodagere Village of Devanahalli Taluk about 20

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