BASANGOUDA Vs. VANITA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiff, challenging the Judgment and Decree dtd. 7/6/2017, passed in R.A.No.163/2016 by the I Additional Senior Civil Judge, Hubballi, confirming the Judgment and Decree dtd. 29/9/2016 passed in O.S.No.208/2006 on the file of the II Additional Civil Judge and III JMFC Court, Hubballi, dismissing the suit of the plaintiff.

(2.) For the sake of convenience, the parties to this appeal are referred to as per their ranking before the trial Court.

(3.) The relevant facts for adjudication of this appeal are that, the plaintiffs have purchased the suit schedule property from his Vendor - Pandurang Khode and others under a registered sale deed dtd. 4/7/1988 and from the date of the sale deed, they are in possession of the suit schedule property and the revenue records stand in the name of the plaintiffs. It is the case of the plaintiffs that, the defendant is interfering with the suit schedule property and as such, the plaintiffs filed O.S.No.208/2006 on the file of the trial Court seeking relief of permanent injunction. After service of notice, the defendant entered appearance and filed detailed written statement denying the averments made in the plaint.