K.P. RAMESH, S/O. K B PUTTEGOWDA, HINDU Vs. SRI K.N. CHANDRE GOWDA, SINCE DEAD BY L.RS., (H.R. HEMAVATHI W/O. LATE K.N. CHANDREGOWDA

JUDGEMENT

(1.) IN this appeal, the appellant challenging the legality and correctness of the judgment and decree dated 29.9.2006 made in R.A.No.328/2006 passed by the Fast Track Court -II, Chikmagalur, setting aside the judgment and decree dated 28.10.2002 made in O.S.No. 115/1998 passed by the Court of Principal Civil Judge (Jr.Dn.) and JMFC, Mudigere has filed this appeal.

(2.) FOR the sake of convenience, parties would be referred to as per their status before the trial court. The appellant in the plaintiff before the trial court.

(3.) PURSUANT to the notice issued by the court below, defendant entered appearance and filed his written statement denying the averments made in the plaint. He denied that the plaintiff is the owner in possession, occupation, cultivation and enjoyment of the suit schedule properties. He also denied the partition, which took place in the family of the plaintiff. He further denied the contention of the plaintiff that there is no road or symptoms of road in the suit schedule properties. It is further alleged that the plaintiff has suppressed the real and correct facts wills a malafide intention to block the road, which is in existence since the time immemorial. The defendant further contended that there is a road, which deviates from Guthi -Sabbenahally road at Kotrakere, which runs up to Kogile A K Colony. The Zilla Panchayath has improved the road by spending huge money. The Zilla Panchayath Engineering Division. Chikmagalur has built culvert to the said road for the benefit of the public of Kotrakere, Kogile and Tripura village. The villagers are using the said road in order to reach their estate and school, which is situated at Kotrakere. The plaintiff with the help of his followers i.e. K P Laxmanagowda and others have damaged the culvert and planted the coffee plants on the said road, in spite of the complaint made to the Zilla Panchayath, Deputy Commissioner, Assistant Commissioner, the Tahsildar, Mudigere and Banakal Police. Hence, he sought for dismissal of the suit.