K.B. SINGREGOWDA Vs. NARAYANA

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellants.

(2.) This appeal is filed challenging the judgment and decree dtd. 6/4/2022 passed in R.A.No.129/2021 on the file of the I Additional Senior Civil Judge and CJM at Mysuru.

(3.) The factual matrix of the case of the plaintiff before the Trial Court in O.S.No.1777/2012 is that the plaintiff is the absolute owner of the suit schedule property bearing Sy.No.86 measuring 4 acres and 1 gunta situated at Kallahalli Village, Jayapura Hobli, Mysuru Taluk. The said property was the ancestral property of plaintiff and defendant No.1, which was fallen to the share of plaintiff in the partition. Since then the plaintiff was in possession and enjoyment of the suit schedule property and he was paying the revenue to the suit schedule property. The defendants have no manner of right and title in respect of the suit schedule property. The defendants have tried to cut down the trees existing in the suit schedule property. Hence, the plaintiff has lodged a complaint to the jurisdictional Police. The Police have advised the plaintiff to approach the Civil Court. Again on 5/4/2012, the defendants came to suit schedule property and tried to cut down the tress. Hence, the plaintiff approached the village panchayathdars, it went on vain. Hence, the plaintiff without having any other alternative remedy, he has approached the Court.