H M SHIVAPPA Vs. CHANDRAPPA

JUDGEMENT

(1.) The plaintiffs are before this Court impugning the judgment and decree dtd. 15/7/2014 passed in RA No.53 of 2012 on the file of the learned Additional Senior Civil Judge and JMFC, Hunsur, sitting at Periyapatna (hereinafter referred to as 'the First Appellate Court' for brevity), whereunder, the judgment and decree dtd. 23/6/2012 passed in OS No.93 of 2007 on the file of the learned Civil Judge and JMFC at Periyapatna (hereinafter referred to as 'the Trial Court' for brevity) was set aside and the suit of the plaintiffs came to be dismissed by allowing the appeal.

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

(3.) Brief facts of the case are that, the plaintiffs filed the suit OS No.93 of 2007 against the defendants for declaration that they are the absolute owners of the schedule property and for permanent injunction restraining the defendants and their men from interfering with their peaceful possession and enjoyment of the suit schedule property. The schedule property is described as 20 guntas of land in Sy.No.1/1A (Old No.1).