LAWS(KAR)-2022-7-571

HANAMAWWA Vs. YAMANAWWA

Decided On July 18, 2022
Hanamawwa Appellant
V/S
Yamanawwa Respondents

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiffs, challenging the judgment and decree dtd. 23/4/2021 passed in R.A.No.03/2019 on the file of the Principal Senior Civil Judge and JMFC, Mudhol, (hereinafter referred to as 'the First Appellate Court', for brevity), setting aside the judgment and decree dtd. 19/12/2018, passed in O.S.No.146/2013 on the file of the Addl. Civil Judge, Mudhol (hereinafter referred to as 'the trial Court', for brevity), decreeing the suit of the plaintiffs.

(2.) For the sake of convenience, the parties to this appeal shall be referred to in terms of their status and ranking before the trial Court.

(3.) It is the case of the plaintiffs that, one Hanamappa Bennappa Gasti was the owner of the suit schedule property bearing Survey No.27/2 and land bearing survey No.65/2 measuring 1 acre 8 guntas of Lokapur Village, Mudhol Taluk, and he died leaving behind two sons Venkappa and Manappa. The plaintiffs are claims to be the children and grand children of said Venkappa and Manappa. It is further stated in the plaint that, after the death of propositus Hanamappa, the defendants are interfering with the suit schedule property, and as such, plaintiffs have filed O.S.No.146/2013 on the file of the trial Court seeking the relief of declaration with consequential relief of rectification of revenue records.