KUNTABASAPPA @ KUNTABASAIAH, S/O KUNTACHANNAPPA Vs. PALICHANNAPPA S/O KAREBAAPPA, BASAVARAJA S/O PALICHANNAPPA, SHANKARAPPA S/O PALICHANNAPPAA AND GEJJAPPA S/O PALICHANNAPPA

JUDGEMENT

(1.) IN these two appeals judgment and decree passed in k.A. No. 25/2004 and R.A. No. 29/2004 by Civil Judge (Sr. Dn) dated 6 -12 -2006 is questioned. The Lower appellate Court by its judgment and decree dated 6 -12 -2006 allowed the appeal filed by the Plaintiff in O.S. No. 89/2001 and dismissed suit O.S. 58/2001.

(2.) ONE Sri. Kunta Basappa (Plaintiff in O.S. No. 58/2001) filed a suit against Sri. Pali Channappa and his sons seeking relief of declaration and consequential relief of perpetual injunction in respect of house and cattle shed bearing khala No. 101. measuring 20' x 60' situated at Bharamasagara village, Chellakere. The first Defendant in O.S. No. 53/2001 Sri. Poojari Channappa @ Pali Chanappa filed a suit against the Plaintiff in O.S. No. 89/2001 i.e., Sri. Kunta Basappa for relief of perpetual injunction in respect of one thatched roof hut bearing khata No. 99 20' x 20' situate at Bharamasagara village, Chellakere Taluk.

(3.) DEFENDANT on service of suit summons appeared and filed their written statement denying the plaint averments and it was contended that cattle shed is not owned and possessed by the Plaintiff and it is in possession the Defendants. It was contended that khata of the suit property has been assigned as No. 99 and with an intention to grab suit property Plaintiff is claiming right over the same and cattle shed is not part and parcel of Plaintiffs house and his house is situated away from the property in question. The same contention was reiterated in suit, filed by him, namely O.S. No. 89/2001 whereunder permanent injunction was sought for by him against the Plaintiff in respect of property bearing khata No. 99 measuring 20' x 20'.