(1.) This Regular Second appeal filed by the plaintiff/appellant challenging the judgment and decree dtd. 14/7/2010 passed by the Civil Judge (Sr.Dn.) and JMFC, Turuvekere in RA.No.40/2007, dismissing the appeal and confirming the judgment and decree dtd. 26/7/2007 passed by the Civil Judge (Jr.Dn.) JMFC, Turuvekere in OS.No.142/1998.
(2.) For the sake of convenience, the parties shall be referred to in terms of their status and ranking before the trial Court.
(3.) The plaintiff has filed a suit in OS.No.142/1998 before the trial Court for declaration and possession against the defendant with regard to the land bearing Sy.No.47/2 of Heggere Village, Kasaba Hobli, Turuvekere to an extent of 32 guntas, out of which 12 guntas of land was acquired for Hemavathi Nala, contending that the defendant who is in unlawful possession of suit schedule property is enjoying the fruits of the said land. Said suit was resisted by the defendant.