K.V.NAGESH GOWDA Vs. MUNIVENKATAPPA K.M.

JUDGEMENT

(1.) The appellant-plaintiff is before this Court being aggrieved by the judgment and decree dtd. 1/4/2011 passed in OS No.198 of 2007 on the file of the learned Principal Civil Judge (Jr.Dn.) and JMFC at Mulbagal (hereinafter referred to as 'the Trial Court' for brevity), dismissing the suit filed by the plaintiff for the relief of declaration and permanent injunction, which was confirmed by the judgment dtd. 12/8/2014 passed in RA No.83 of 2011 on the file of the learned II Additional Senior Civil Judge and JMFC at Kolar (itinerating at Mulbagal) (hereinafter referred to as 'the First Appellate Court' for brevity).

(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 appellant herein as plaintiff filed OS No.198 of 2007 against the defendants for declaration of his title over the suit schedule properties and for perpetual injunction. It is contended by the plaintiff that he is the owner in possession of the suit schedule properties as he acquired the same under the registered Will executed by Smt.Muniyamma, wife of late Hoovalli Munishami on 18/6/2004 which was registered on 23/6/2004. It is stated that the plaintiff is the grand son of the testator Muniyamma through her son K M Venkatappa. Muniyamma was residing in the house of plaintiff and it was the plaintiff and his father who looked after her, till her death. Muniyamma died on 14/7/2004.