D.L. SRINIVASA SHETTY S/O D.L. GOPALAKRISHNA SHETTY WATCH REPAIRAR Vs. S.P. KRISHNACHARI S/O PUTTARAJA CHARI MAJOR MUNICIPAL COUNCILOR SARGUR H.D. KOTE TALUK - 571 121 MYSORE DISTRICT

JUDGEMENT

(1.) THOUGH the matter is listed for admission, with the consent of the parties, the appeal is taken up for final disposal.

(2.) APPELLANT who is the plaintiff in O.S. No. 381/1989 has filed this second appeal, being aggrieved by the judgment and decree dated 24 -07 -2006 made in R.A. No. 40/1997 passed by the Civil Judge (Sr.Dn.) Hunsur confirming the judgment and decree dated 19 -4 -1997 made in O.S. No. 381/1989 passed by the Court of Munsiff and JMFC at H.D. Kote, wherein the suit filed by the plaintiff was dismissed by the court below.

(3.) IN pursuance to the notice issued by the Trial Court, defendants 1 to 5 appeared through the counsel and filed their joint written statement denying the assertion made by the plaintiff in the plaint with regard to ownership of the land and contended that the plaintiff has no right, title in respect of the suit schedule property. Siddachari who is the alienee of the suit schedule property has no right or title to alienate the property. Hence, the plaintiff will not get any right over the said property and also contended that the plaintiff is the permanent resident of Bangalore and was never in possession of the suit schedule property; hence he is not entitled for any injunction.