H.R. SANGANNA SON OF RANGAPPA, RESIDENT OF TELAWARA BOEDI, C DIVISION, HIRIYUR TOWN - 572 144, SINCE DECEASED BY L.RS. AND OTHERS Vs. SRI. P. THIMMAIAH SON OF POOJARI DASAPPA

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree dated 05.02.1999 in O.S. No. 543/1990 passed the Additional Civil Judge (Jr. Dvn.) at Hiriyur and confirmed by the judgment and decree dated 10th March 2005 in R.A. No. 196/2004 passed by Principal District Judge at Chitradurga

(2.) THE Appellants are the Plaintiffs and Respondents are the Defendants before the trial Court. In this judgment for convenience the parties are referred to their status before the trial Court.

(3.) THE 1st Defendant entered appearance before the trial Court and filed written statement inter -alias contending that he is the owner of property bearing site No. 3 measuring 20 feet x 39 feet. The schedule property is a part and parcel of site No. 3. The Defendant No. l has not encroached the Plaintiffs' property and has not put up any construction on the property of Plaintiffs. On the other hand, the construction put up by the Defendant No. l is on his property bearing Site No. 3. The 2nd Defendant remained unrepresented.