MANJA SETTY Vs. CHIKKAMMA

JUDGEMENT

(1.) The plaintiff has filed this appeal praying to set-aside the judgment and decree dtd. 19/8/2011 passed by the Court of I Additional District Judge, Mysuru in R.A.No.406/2010.

(2.) The parties will be referred to by their rankings as per the Trial Court.

(3.) The appellant was the plaintiff and the respondent was the defendant in O.S.No.559/2007 on the file of the Civil Judge (Sr.Dn.) and J.M.F.C, K.R.Nagar. The said suit was filed for relief of declaration of title and for permanent injunction. The said suit was earlier filed in the Court of Civil Judge (Jr.Dn.), K.R.Nagar and registered as O.S.No.287/1999 and it was filed seeking only relief of perpetual injunction. Thereafter, the plaintiff got amended the plaint seeking the relief of declaration of title. On the ground of pecuniary jurisdiction, the said plaint came to be returned to the plaintiff and it was re-presented in the Court of Civil Judge (Sr.Dn.) and J.M.F.C., K.R.Nagar and numbered as O.S.No.559/2007.