M.H. GANGAPPA Vs. M.H.HONNASHAMAIAH

JUDGEMENT

(1.) This appeal by the plaintiffs in O.S.No.255/1992 is directed against the impugned judgment and decree dtd. 28/8/2004 passed by the I Addl. Senior Civil Judge, Bangalore Rural District, Bangalore, whereby the said suit for declaration, possession, mandatory injunction and other reliefs in respect of the suit schedule immovable property was dismissed by the trial Court.

(2.) Heard learned counsel for the appellants and learned counsel for the respondent and perused the material on record.

(3.) A perusal of the material on record including the impugned judgment and decree will indicate that the appellant herein instituted the aforesaid suit in respect of two items of plaint schedule immovable properties viz., land bearing Sy.No.125/1B measuring 1 acre 2 guntas described as item No.1 and Sy.No.4/1 measuring 20 guntas described as item No.2, both situated at Mallahara Banawadi Village, Nelamangala Taluk, Bangalore District. The said suit was contested by the respondent / defendant who not only disputed the title and possession of the plaintiff over the suit schedule properties but also, the location and identity of the properties as alleged by the plaintiff. The trial Court framed the following issues: