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2004 Supreme(Online)(SC) 61

SUPREME COURT
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Pankaja v. Yellappa


Advocates:
For the Appellants/Petitioners: Ms. Kiran Suri
For the Respondents: Mr. Girish Ananthamurthy

1 Heard learned counsel for the parties.

2 Leave granted.

3 The appellants herein filed a suit before the Principal Civil Judge, Shimoga, originally seeking the following
reliefs:-
a) To grant a judgment and decree of permanent Injunction restraining the Defendants 1 to 10 their men, and agents from interfering with A A1 L O N C D portion of the suit schedule property.
b) For possession of the property identified as A-1, B, M, N, O, L portion and also the N N-1 O, O-1 at annexure-A to the plaint of the suit schedule property.
c) Such other relief/reliefs that this Hon'ble Court deems fit to grant under the circumstances of the case as also the cost of this suit.

4 It is their case during the pendency of the said suit the respondent in violation of the court order further encroached into suit property to an extent of 15' x 15'. Therefore, the appellants sought for an amendment of the plaint seeking for possession of the said encroached area also. This application was also allowed by the Trial Court.

5 In the written statement filed by the respondents, a contention was taken that a suit for injunction and possession without seeking a declaration of title was not maintainable. Written statem




















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