SHWETHA Vs. AYYAPPA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the defendant, challenging the judgment and decree dtd. 23/2/2015 in RA No.53 of 2009 on the file of the District Judge at Koppal, confirming the judgment and decree dtd. 6/4/2009 in Original Suit No.78 of 2006 on the file of Civil Judge (Sr.Dn.) at Yelburga, decreeing the suit of the plaintiff.

(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 plaintiff that, the plaintiff is the owner in possession of the suit schedule property. It is further averred that the defendant has interfered with the suit schedule property and as such, the plaintiff has filed Original Suit No.78 of 2006 on the file of the trial Court, seeking relief of declaration with consequential relief of injunction and rectification of Record of Rights in respect of the subject land. After service of notice, the defendant entered appearance and filed detailed written statement denying the averments made in the plaint. After filing of the written statement, the plaintiff has filed rejoinder to the written statement, refuting the contents in paragraph 8 of the written statement. On the basis of the pleadings on record, the trial Court framed issues for its consideration. The Trial Court, after considering the material on record, by its Judgment and Decree dtd. 6/4/2009 decreed the suit and being aggrieved by the same, the defendant has filed Regular Appeal No.53 of 2009 on the file of the First Appellate Court and the same was contested by the plaintiff. The First Appellate Court, after re-appreciating the material on record, by its judgment and decree dtd. 23/2/2015, dismissed the appeal, consequently confirmed the judgment and decree passed in Original Suit No.78 of 2006. Being aggrieved by the same, the defendant has preferred this Regular Second Appeal.