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2025 Supreme(Online)(Kar) 40312

THE HIGH COURT OF KARNATAKA
HANCHATE SANJEEVKUMAR
SRI NARASIMHA MURTHY – Appellant
Versus
SMT SHYAMALA – Respondent


ORAL JUDGMENT

The appeal is filed by the defendant questioning the judgment and decree dated 04.12.2017 passed by the XII Addl. City Civil and Sessions Judge (CCH No.27), Bengaluru, in O.S.No.576/2012, thereby, the suit filed for declaration and permanent injunction is decreed.

2. The rank of parties are referred to as per their rankings before the trial court.

3. The case of plaintiff in brief as per plaint averments are that;

3.1 The plaintiff has purchased the suit schedule property site No.32 morefully described in the schedule through registered sale deed dated 26.12.2011. It is stated that one Kakappa and his sons being the members of joint family were owners and in possession of the land bearing Sy.No.111 measuring 2 acres 28 guntas situated at Hongasandra Village, Begur Hobli, Bengaluru South Taluk, had acquired the said property in the name of Kakappa under registered sale deed dated 30.07.1956 and thereafter, the said joint family have formed layout and sold two such sites namely, Site Nos.32 and 47 each measuring into 40x30 feet through Kakappa in favour of one Doreraju under GPA and affidavit both dated 05.12.1985 and delivered the possession in favour of Doreraju and upon

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