JUDGEMENT
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(1.) Leave granted.
(2.) This appeal is directed against the order dated
12.07.2004 in Writ Appeal No. 795 of 2002 of the High Court
of Karnataka at Bangalore dismissing the appeal of the
appellant confirming the order dated 07.12.2001 in Writ
Petition No. 809 of 2000 of the learned single Judge.
(3.) Brief facts:
The land in question bearing Survey No. 72 of
Bommanahalli Village, Begur Hobli, Bangalore South Taluk
was allotted to the grand-father of the appellant, namely,
Motappa, who belongs to the Bhovi Community under the
Mysore Land Grant Rules. The total extent of mortgaged
land was 2 acres 29 guntas. Later in 1956, Motappa
mortgaged 1 acre of the said land to one Munichennamma.
Subsequently in 1959, he mortgaged another portion of the
land in favour of one Ramachandra Reddy, who was the
father of respondent Nos. 4 & 5 herein by raising a loan of
Rs. 1000/- to discharge his previous mortgage amount.;
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