MAHADEVAMMA Vs. PUTTASUBBAPPA

JUDGEMENT

(1.) This Writ Petition is filed by the legal representatives of the plaintiff in O.S.No.269/2009 before the Principal Civil Judge and JMFC., at Nanjangud challenging the Order dated 02.07.2019 rejecting I.A.No.24 filed by the legal representative No.2 of the plaintiff for appointment of a Court Commissioner to measure the suit schedule property and to determine the actual possession of the plaintiff.

(2.) The amended plaint dated 19.01.2016 (Annexure-B) discloses that the suit in O.S.No.269/2009 was filed for a declaration that the plaintiff is the owner of the suit schedule properties and for perpetual injunction restraining the defendants from interfering with the possession of the plaintiff in the suit schedule properties.

(3.) The plaintiff claimed that he derived the suit properties along with other properties at a division between him and his brother. The plaintiff and his mother are stated to have sold 211/2 guntas of land in Sy. No.34/4 to the defendant No.2 in terms of a sale deed dated 21.01.1964. The brother of the plaintiff had sold his share in Sy.No.34 to the defendant No.1 in terms of a sale deed 17.11.1975. The plaintiff claimed that except the above transaction, there weren't any other transactions but yet when the entries in revenue records were entered, the name of the plaintiff was removed and substituted by the names of the defendants. The plaintiff thus sought for declaration of his title to the suit properties and consequential relief of injunction.