LAWS(KAR)-2012-9-538

MUDDEGOWDA S/O JAVAREGOWDA; THIMMAMMA W/O LATE MUDDEGOWDA AND ORS Vs. NINGAMMA W/O LATE BOREGOWDA; PUTTARAJU S/O LATE BOREGOWDA AND ORS

Decided On September 21, 2012
MUDDEGOWDA S/O JAVAREGOWDA; THIMMAMMA W/O LATE MUDDEGOWDA AND ORS Appellant
V/S
NINGAMMA W/O LATE BOREGOWDA; PUTTARAJU S/O LATE BOREGOWDA AND ORS Respondents

JUDGEMENT

(1.) The original defendant was one Muddegowda. The appellants are the legal representatives of said Muddegowda. Respondents 1 to 3 were the plaintiffs in O.S.No.528/1989. For the sake of convenience, parties will be referred to by their array before the trial court.

(2.) The plaintiffs had filed O.S.No.528/1989, against original defendant for declaration of title and permanent injunction in respect of 8 acres of land in survey No.101 situate in Pura Village, Hirisave Hobli, Channarayapatna Taluk. On contest, the learned trial Judge decreed the suit in part, granting following reliefs:-

(3.) As the suit had not been decreed in its entirety, plaintiffs 1 to 3 were before the I-appellate court in R.A.No.103/2002. The learned Judge of I-appellate court heard the appeal on merits, dismissed the appeal and confirmed the decree passed in O.S.No.528/1989.