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THE HIGH COURT OF KARNATAKA
MR. ASHOK S.KINAGI, J
SMT BHARATHISHETTY MEMBER OF THE LEGISLATIVE COUNCIL KARNATAKA LEGISLATIVE COUNCIL – Appellant
Versus
SMT KAMALAMMA W/O K M LINGAPPA – Respondent
| Table of Content |
|---|
| 1. factual background of ownership dispute. (Para 1 , 3 , 4 , 5) |
| 2. judgments of lower courts. (Para 8 , 10) |
| 3. arguments presented by the parties. (Para 13 , 14) |
| 4. evidence and its evaluation. (Para 18 , 19 , 20 , 21) |
| 5. legal interpretation of auction and property rights. (Para 23 , 24 , 25 , 26) |
| 6. conclusion and order of the court. (Para 27 , 28 , 29) |
ORAL JUDGMENT
1. This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 07.12.2012 passed in RA No.8/2010 by the learned Additional Senior Civil Judge, Sagar ('First Appellate Court' for short), and the judgment and decree dated 19.12.2009 passed in OS No.26/2009 by the learned Additional Civil Judge (Junior Division), Sagar ('Trial Court' for short).
2. For convenience, the parties are referred to based on their rankings before the Trial Court. The appellant was the defendant and the respondent was the plaintiff.
3. Brief facts leading rise to the filing of this appeal are as follows:
4. The plaintiff filed a suit for declaration to declare that the plaintiff is the absolute owner in possession of the suit schedule property EBGF which is part and parcel of the property shown as ABCD
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