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THE HIGH COURT OF KARNATAKA
MR. SACHIN SHANKAR MAGADUM, J
SRI.D.LOKANATHAN S/O S.DORAI RAJU – Appellant
Versus
A FARNANDIS S/O ANANTHARA PIALLAI – Respondent
| Table of Content |
|---|
| 1. ownership and claims against fraudulent documents. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. legal arguments and presentation before the court. (Para 7 , 8) |
| 3. court observes deficiencies in evidence and procedural adherence. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. assessment of legally established fraud allegations. (Para 18) |
| 5. final ruling on the case. (Para 19) |
ORAL JUDGMENT
The present appeal is preferred by the unsuccessful plaintiffs, calling in question the judgment and decree dated 18.12.2010 passed in O.S.No.2146/2004 on the file of the Court of the I Additional City Civil and Sessions Judge, Bangalore City (CCH No.2). By the impugned judgment, the learned Trial Judge has dismissed the suit instituted by the plaintiffs seeking a declaration that the alleged General Power of Attorney dated 27.07.1987 said to have been executed in favour of defendant No.1 is a fabricated and bogus document and is not binding on them. The plaintiffs had further sought a declaration that the registered Sale Deed dated 19.10.1987 executed by defendant No.1, acting as GPA holder, in favour of defendant No.2 is null and void, not binding on their rights, and liable to be cancelled
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