BHASKAR RAO BHIMARAO DESAI Vs. BINDURAO KRISTARAO KARKUN

JUDGEMENT

(1.) The appeal is filed by the defendants and the cross objection is filed by the plaintiffs challenging the judgment and decree in O.S.No.103/1994 dtd. 28/8/1998 on the file of the Prl. Civil Judge, Sr. Dn. Bagalkot at Bagalkot, granting permanent injunction and rejecting the relief of declaration.

(2.) For the purpose of convenience, the parties shall be referred according to their ranks before the trial Court.

(3.) The factual matrix of the case of the plaintiffs before the trial Court is that they are the owners in possession of the suit schedule land bearing R.S.No.53 measuring 13 acres 19 guntas of Nagaral (S.P.) and plaintiff Nos.1 to 3 are joint holders and owner in possession of land bearing R.S.No.56 measuring 8 acres 4 guntas of Nagaral (S.P.). The plaintiffs sought for the relief of declaration and permanent injunction and also for the possession if the Court comes to the conclusion that if the plaintiffs are not in possession grant consequential relief of possession.