SHILU Vs. HANAMANT

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 18.10.2019 passed by the learned Principal Senior Civil Judge and CJM, Vijayapur dismissing R.A.No.25/2017, confirming the judgment and decree dated 13.04.2017 passed by the learned IV Additional Civil Judge, Vijayapur, dismissing O.S.No.451/2008, the plaintiff has preferred the present second appeal under Section 100 of the Code of Civil Procedure, 1908.

(2.) During the course of this judgment, for the sake of convenience, parties will be referred to as per their ranks before the learned Trial Court. Plaintiff is the appellant herein. Respondent No.1 was defendant No.1 and respondent No.2 was defendant No.2.

(3.) Plaintiff filed O.S.No.451/2008 seeking direction to defendant Nos.1 and 2 to execute a registered sale deed in favour of the plaintiff in respect of the suit properties after receiving balance consideration amount of Rs.50,000/- from the plaintiff and also for a consequential relief of permanent injunction, restraining defendant Nos.1 and 2 from obstructing the peaceful possession, enjoyment and wahiwat of the plaintiff over the suit properties. The suit properties mentioned in the prayer of the plaint is merely described as Survey No.196/1/2 measuring 3 acres assessed at 1 rupee 50 paise and Survey No.196/2A measuring 2 acres 6 guntas assessed at 1 rupee 14 paise, both situated at Aliyabad village, taluka and district Vijayapur. It is relevant to notice that no boundaries of the properties have been furnished in the plaint.