SECRETARY KARNATAKA BOARD OF WAKFS Vs. SAYYED GOUSPEER

JUDGEMENT

(1.) Aggrieved by the judgment and the decree dated 15.07.2005 passed in R.A.No.154/2003 by the Civil Judge (Sr. Dn.) Basavan Bagewadi and order dated 21.01.2002 passed in O.S.N.50/1990 by the Civil Judge (Jr. Dn) Basavan Bagewadi, the defendant No.4 Karnataka Wakf Board has filed the instant appeal.

(2.) The ranking of the parties will be as in the original suit for the sake of convenience.

(3.) The plaintiffs filed a suit in O.S.No.50/1990 against the 2nd and 3rd defendants initially for a bare injunction. The plaintiffs No.1 to 4 and defendant No.1 are brothers and all of them are residents of Kanakal village in Basavan Bagewadi Taluk. The defendant No.2 is the son of Defendant No.1. It is the claim of the plaintiffs that they and defendant No.1 are in actual possession and enjoyment of the suit Darga, which is situated in VPC.No.215 of Kanakal Village. The Darga is called 'Dastagirsa Darga' (hereinafter referred as 'suit Darga'). It is further claim of the plaintiffs and defendants that Darga is the ancestral property of the plaintiffs and defendant No.1 since from the time of the ancestors of plaintiffs and defendant No.1.