CHANDRASHEKARA HEGDE Vs. MAHESH SHETTY AND OTHERS

JUDGEMENT

(1.) THE concurrent findings in the judgment and decree passed by the Principle Civil Judge (Jr. Dn.), Kundapura in O.S. No. 195/1997 dated 18.01.2001, which has been confirmed by the Civil Judge (Sr. Dn.), Kundapura in R.A. No. 45/2001 dated 14.02.2006 are called in question in this Regular Second appeal by the appellant who is unsuccessful plaintiff.

(2.) THE suit was instituted by the appellant for grant of perpetual injunction to restrain the defendants from interfering with the lawful possession of plaint B schedule property, which is attached to plaint A schedule property. Plaint A schedule property is his personal property and plaint B schedule property is government waste land on which the appellant claims that he is having a kumki privilege and that he can enjoy the same to pluck the green leaves for the purpose of manure, to store the manure for the purpose of cultivation of his land (A schedule property) and for storing the implements concerning the farming. The defendants denied the allegations made in the plaint. According to the them, the plaintiff was not in possession of B schedule property on the date of the suit or earlier to that and that there exists an old Dhare -passage which is being used for ingress and aggress. Therefore, the defendants requested the Court to dismiss the suit.

(3.) WHETHER the suit is barred by limitation?