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THE HIGH COURT OF KARNATAKA
MR. ASHOK S.KINAGI, J
SMT. LAKSHMAMMA, 1ST W/O LATE THIMMEGOWDA @ BUNDEGOWDA – Appellant
Versus
SRI. RAMEGOWDA, S/O. MENGAPPA – Respondent
| Table of Content |
|---|
| 1. ownership and historical context of the property (Para 3 , 4) |
| 2. defendant's claims and legal reasoning in opposition (Para 5 , 6 , 7) |
| 3. overview of appellate court's issues and decisions (Para 8 , 9) |
| 4. substantial questions of law framed for review (Para 10 , 13) |
| 5. court's critical analysis of trial and appellate decisions (Para 14 , 15 , 19) |
| 6. final judgment and directive for retrial (Para 20 , 21) |
ORAL JUDGMENT
This regular second appeal is filed by the appellants challenging the judgment and decree dated 15.12.2012 passed in R.A. No.23/2011 by the Principal Civil Judge (Sr. Dn.) and JMFC., Srirangapatna and the judgment and decree dated 18.03.2011 passed in O.S.No.49/2008 by the Principal Civil Judge (Jr. Dn.) and JMFC., Srirangapatna.
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. The brief facts leading rise to the filing of this appeal are as follows:
The plaintiffs filed a suit for declaration of title and perpetual injunction. It is the case of the plaintiffs that originally the suit schedule property was owned by Boramma wife of Chik
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