SHIVAPPA Vs. PUTTAPPA

JUDGEMENT

(1.) Challenging judgment and decree dtd. 9/2/2021 passed by Sr. Civil Judge and JMFC, Shiggaon (for short, "first appellate court") in R.A. No. 163/2017 and judgment and decree dtd. 9/6/2017 passed by Civil Judge and JMFC, at Shiggaon (for short, "trial court") in O.S. No. 76/2012, this Regular Second Appeal is filed.

(2.) Appellant herein was plaintiff before trial court and appellant before first appellate court, while respondent herein was defendant before trial court and respondent before first appellate court. For sake of convenience, parties to this appeal are referred to by their ranks before trial court.

(3.) Plaintiff filed O.S. No. 76/2012 against defendant seeking for decree of declaration of ownership over suit schedule property and for permanent injunction restraining defendants from interfering with his peaceful possession and enjoyment of suit schedule property. In the plaint, it was stated that property bearing no. 21 (old no. 13) situated at Shiggaon municipality, measuring east-west 75 ft., north-south 35 ft. with a house property measuring east-west 19 ft. north-south 33 ft.