LAKSHMAMMA MITTLARATTE NAGAPPA Vs. H.B. SANNASIDDAPPA

JUDGEMENT

(1.) This appeal by Defendant Nos. 1 to 3 in O.S. No. 183/2009 on the file of the II Additional District Judge, Davangere, is directed against the judgment and decree dated 11.11.2010 passed therein, decreeing the suit filed by the respondent/plaintiff and declaring that the plaintiff is the absolute owner of plaint 'A' and 'B' schedule property and directing the defendants to handover the vacant possession of 'B' schedule property to the plaintiff. During the course of the judgment, the parties herein would be referred to with reference to their ranking in the trial court.

(2.) The sole plaintiff filed the suit on 03.12.2001 before the Civil Judge (Sr. Dn.), Davangere, in O.S. 364/2001 for the relief of declaration, declaring that he is the owner in possession and enjoyment of the suit 'B' schedule property and for consequential relief of permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of 'B' schedule property.

(3.) The property described in plaint 'A' schedule is plot No. 89 formed in Survey No. 74/1 later numbered as 74/1-YP1 situated in Yellammanagara, Davangere City, measuring East-West: 30 ft: and North-South: 78 ft. A portion of plaint 'A' schedule property measuring East-West towards north: 30 ft. and towards South: 13 ft. and North-South: 78 ft. has been described as 'B' schedule property.