THE HIGH COURT OF KARNATAKA
V SRISHANANDA
SRI B C NARYANAPPA – Appellant
Versus
SMT JYOTSNABEN MANOHARDAS VALIA – Respondent
ORAL JUDGMENT
Heard Sri Hemant Kumar G.M., learned counsel for the appellants. None appears for the respondents.
2. Unsuccessful plaintiff in O.S.No.2258/1990, on the file of First Additional City Civil and Sessions Judge, Bangalore is the appellant in this appeal, challenging the dismissal of the suit.
3. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under.
4. In respect of the following immovable property (hereinafter referred to as ‘suit property’), a suit came to be filed by the plaintiff with the following prayer:
“(1) Declaring the Sale-Deed dated 22-2.1963, executed by the Plaintiff, his mother and brothers, as nominal Sale not effecting the right, title of the Plaintiff in the Sites bearing Nos-, 37 and 37/1. situated in 4th Cross, Nagappa Block, Sriramapuramg Banga lore-560 021 and cancel the same.
(11). Consequently, Cancel the approved Plan bearing I.P-No.104/1989-90, dated 2.12.1989, valid upto 1.12.1991, granted by the Corporation of the City of Bangalore, in favour of the Defendant with respect to the Sites bearing No.37/1, situated at 4th Cross, Nagappa Block, Sriramapuram, Bangalore-21.
(111) Restrain the Defendant, her agents,
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