MUKAPPA Vs. ERAMMA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiffs challenging the Judgment and Decree dtd. 28/2/2014 in Regular Appeal No.57 of 2013 on the file of the Principal Senior Civil Judge, Bellary confirming the Judgment and Decree dtd. 30/3/2013 in Original Suit No.163 of 2012 on the file of the Civil Judge and JMFC, Siruguppa, dismissing the suit.

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

(3.) It is the case of the plaintiffs that mother of the plaintiff No.1 and grandmother of Plaintiff No.3-Smt. K.Lakshmamma, was the owner of the suit schedule property and she died on 24/7/2000 and thereafter, the petitioners are in possession of the suit schedule property, thus exercising ownership in respect of the property in question. It is further averred in the plaint that they came to know that the husband of the defendant No.1-Kurihanumanthappa's name was effected in the mutation entries as per the sale deed dtd. 6/12/2007 and therefore, the plaintiffs have filed suit in Original Suit No.163 of 2012 seeking relief of declaration and with consequential relief of permanent injunction.