LAWS(KAR)-2025-5-31

GULLU G. TALREJA Vs. SANJAY ABBAS KHAN

Decided On May 15, 2025
Gullu G. Talreja Appellant
V/S
Sanjay Abbas Khan Respondents

JUDGEMENT

(1.) This appeal is filed by the appellants/plaintiff Nos.1 to 3 challenging the judgment and decree dtd. 12/1/2024 passed by the learned Additional Senior Civil Judge and JMFC, Nelamangala (herein after referred to as 'the trial Court', for brevity) in O.S.No.337/2017.

(2.) For the purpose of convenience, the parties are referred to as per their ranking before the trial Court. The appellants are plaintiff Nos.1 to 3 and respondent is the defendant.

(3.) The brief facts of the case are that, the plaintiffs filed a suit for declaration, mandatory injunction and for recovery of possession. It is the case of the plaintiffs that one Smt. Vijayalakshmi and Sri.S.R.Yogananda purchased suit schedule item No.1 of 'A' schedule property, land bearing Survey No.20 situated at Nagarur Village, Dasanapura Hobli, Nelamangala Taluk, measuring 8 acres 11 guntas from Channagiriyappa under a registered sale deed dtd. 31/1/1969 and suit schedule item No.2 of 'A' schedule bearing survey No.28 situated at Nagarur Village, measuring 8 acres 11 guntas from Sri.S.R.Yogananda under a registered sale deed dtd. 13/12/1978. The boundaries as per the sale deed dtd. 13/12/1978 shows only towards North, South and East, but, towards West, no boundary is mentioned, however, in the subsequent sale deeds, the boundaries are correctly shown.