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2023 Supreme(Online)(Kar) 34668

PRINCIPAL BENCH AT BENGALURU
H.P. SANDESH, J
SRI SURESH – Appellant
Versus
SMT. SHARADAMMA W/O. LATE RAMAKRISHNAPPA M. – Respondent


Advocates:
For the Appellants/Petitioners: SRI M.S. CHANDRASHEKAR
For the Respondents: SRI MAHESH KIRAN SHETTY

Table of Content
1. plaintiff claims ownership through a gift deed. (Para 2 , 3)
2. arguments presented illustrate conflicting claims on property ownership. (Para 5 , 12)
3. court's decision revolves around title validation and rightful possession. (Para 16 , 17)

JUDGMENT

This appeal is filed challenging the order dated 21.04.2023 passed on I.A.No.1 in O.S.No.1078/2023 on the file of XXIX Additional City Civil and Sessions Judge, Bengaluru.

2. The factual matrix of the case of plaintiff before the Trial Court that the plaintiff is the owner of the suit schedule property and he got the same from his mother – Smt. Sharadamma under the registered gift deed dated 11.08.2022. The defendants being the strangers are trying to obstruct the plaintiff from digging a bore-well and they also trying to trespass into the suit schedule property. It is the case of the plaintiff that the suit in O.S.No.1466/2022 is filed before the Principal Civil Judge, Bengaluru Rural District against K R Gangadhar and Jai Shankar in respect of the property bearing No.815/6/6 measuring east to west 200 square feet and north to south 75 feet. The property of the plaintiff and the defendants are different. The property o

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