R.N. RAJANNA Vs. R.N. JAYANTH

JUDGEMENT

(1.) THIS review petition is filed under Order XLVII Rule 1 of CPC seeking review of the judgment dated 20.02.2013 passed by this Court (Hon'ble Mr. Justice Subash B. Adi, as he then was) in R.F.A. No. 1636/2005 connected with R.F.A. No. 1637/2005. The said two appeals arose out of the common judgment passed in two suits viz., O.S. No. 9/2004 filed by the respondent herein, and O.S. No. 132/2003 filed by the review petitioner. O.S. No. 9/2004 was for a decree of permanent injunction to restrain the defendant -review petitioner herein from interfering with his possession and enjoyment of the suit schedule property bearing Sy. No. 186/2 measuring 1 acre 10 guntas situated at Rajaghatta village, Kasaba Hobli, Doddaballapur Taluk. O.S. No. 132/2003 was filed by the review petitioner against the respondent herein seeking declaration that he was the absolute owner of the suit schedule property bearing Sy. No. 186/2 measuring 1 acre 27 guntas situated at Rajaghatta village, Kasaba Hobli, Doddaballapur Taluk and also for permanent injunction.

(2.) PLAINTIFF in O.S. No. 9/2004 traced his right over 1 acre 10 guntas of land in Sy. No. 186/2 to a family partition dated 26.12.1967, wherein his father R.N. Nanjundappa got 2 acre 20 guntas. Thereafter, his children i.e., plaintiff and his brother R.N. Sathish got the 2 acres 20 guntas of land divided vide partition effected on 26.04.2002, thereby plaintiff got 1 acre 10 guntas. He contended that the khatha was changed in the name of his father earlier by virtue of family partition dated 26.02.1967 in respect of 2 acres 20 guntas of land and subsequently in favour of himself and his brother in respect of 1 acre 10 guntas each as per the partition effected on 26.04.2002. He alleged interference by the defendant over the said portion of 1 acre 10 guntas of land, which according to him compelled him to file the suit for permanent injunction.

(3.) THE Trial Court dismissed O.S. No. 9/2004 filed by the respondent herein and partly decreed the suit O.S. No. 132/2003 filed by the review petitioner herein granting permanent injunction against the respondent herein in respect of the suit schedule property measuring 1 acre 27 guntas.