B V KYARAKATTI Vs. SATTAPPA SHAMBAPPA GOMADI

JUDGEMENT

(1.) THESE two appeals arise from the judgment and decree dated 28th November, 2000 passed by the Principal Civil Judge (Sr. Dn.), hubli in R. A. No. 69/2000 setting aside the judgment and decree passed in O. S. No. 378/1992 dated 24. 3. 2000 on the file of the III addl. Civil Judge (Jr. Dvn.) Hubli.

(2.) THE appellant and respondent herein filed suits against each other for the relief of permanent injunction. The suit schedule property in both the suits is a site forming part of R. S. No. 53 measuring 3 acres and 29 guntas of Mariyan Timmasagar. The schedule given in the suit filed by the appellant-Kyarakatti in O. S. 449/92 is CTS No. 8a1a2 +8a1b/2 in CST Ward No. Ill, Hubli City bounded on the west by road, east by R. S. No. 52, north by CTS no. 8a1a2 +8e+8a1b/1 and to the south by CTS. No. 8a1a1a/2. The suit schedule property as mentioned in O. S. 378/92 filed by the respondent Gomadi is the site measuring East-West 72 feet 6 inches and North-South 57 feet 6 inches bounded on the east by r. S. No. 52, on the west by 20 feet road, on the north by open site belonging to Jafarsab Sethsanadi and on the south by open site belonging to late Keshava Gidada Hubballi. The exact measurement of the suit schedule site with reference to the boundaries has not been given by the appellant who merely stated in his plaint that it measured 333 sq. yards. In both the suits it was claimed by the respective plaintiff that he had purchased the site from the previous owner and has been in possession and that the possession is being interfered with by the other side.

(3.) AT the trial both the suits were clubbed together and common evidence was recorded. The Trial Court formulated the following issues for its consideration: issues in O. S. No. 378/92: