SHEKAPPA NAGAPPA VAGATTI Vs. SHEKAPPA

JUDGEMENT

(1.) This Regular Second Appeal is preferred by the defendants challenging the judgment and decree dtd. 2/2/2001 in RA No.196 of 2004 (Old No. RA 21 of 2001) on the file of the Fast Track Court, Haveri (for short hereinafter referred to as "First Appellate Court"), decreeing the suit of the plaintiff to the extent of western half portion, by setting aside the judgment and decree dtd. 26/2/2011 in Original Suit No.28 of 1998 on the file of the Civil Judge (Jr. Dn.), Savanur (for short hereinafter referred to as the 'trial Court').

(2.) For the sake of convenience, the parties in this appeal are referred to with their rank and status before the trial Court.

(3.) It is the case of the plaintiffs that the ancestors of plaintiffs had purchased the suit schedule property on 24/7/1969 from one Krishnarao Dehspande and thereafter, the revenue records mutated in the name of ancestors of the plaintiffs and on their demise, the property devolved to the plaintiffs. It is further averred that the father of the defendants 1, 2, 6 and 8 had filed Original Suit No.98 of 1976 against the plaintiff which came to be dismissed on 25/11/1983. Regular Appeal No.46 of 1983 was preferred against the judgment and decree of the trial Court which came to be dismissed. Regular Second Appeal No.278 of 1992 was filed before this Court and same came to be dismissed on 21/2/1992 and therefore, it is the case of the plaintiffs that the plaintiffs are declared as owner in possession of the suit schedule property and as the defendants interfered with the suit schedule property, plaintiffs have filed OS No.28 of 1998 before the trial Court seeking relief of permanent injunction against the defendants.