SADASHIVAYYA AND ORS Vs. PRABHAYYA AND ORS

JUDGEMENT

(1.) This is a plaintiff's second appeal assailing the judgment and decree in R.A.No.157/2005 dated 05.03.2007 by the Fast Track Court No.II, Bagalkot, affirming the judgment and decree passed by the Addl. Civil Judge (Jr.Dn.) dated 29.10.2005, passed in O.S.No.205/2003.

(2.) For the sake of convenience, the parties shall be referred to as per their status before the Trial Court.

(3.) The appellant is the plaintiff who filed the suit seeking declaration of title over the suit schedule property and consequential relief of injunction, restraining the defendant from interfering with his possession and enjoyment of the same. It is the case of the plaintiff that the suit schedule property originally belonged to Adivemma who was legally married to him in the year 1957 when she was serving as a teacher. That the suit schedule property originally belonged to Adivemma's mother and she had gifted the same to Adivemma who died on 04.04.2003 leaving behind the plaintiff as the sole heir. That the defendant was a distant relative of his deceased wife Adivemma, who on the basis of an invalid adoption deed was trying to interfere with the suit schedule property and therefore, the suit was filed seeking the relief of declaration and injunction.