REVANSIDDAPPAGOUDA Vs. GOUDAPPAGOUDA

JUDGEMENT

(1.) Defendant No.4 in OS No.293 of 2002 on the file of the learned III Additional Senior Civil Judge and JMFC, Bijapur (hereinafter referred to as 'the Trial Court' for brevity), is impugning the judgment and decree dtd. 22/3/2011 decreeing the suit of the plaintiffs in part and declaring that plaintiff No.1 being the sole heir of deceased Ninganagouda Patil, has inherited the suit schedule properties as exclusive owner and restraining the defendants permanently from interfering with the peaceful possession and enjoyment of the said properties by plaintiff No.1.

(2.) For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.

(3.) Brief facts of the case are that, plaintiff Nos.1 and 2 have filed the suit OS No.293 of 2002 before the Trial Court against defendant Nos.1 to 5 seeking declaration that the plaintiffs are the exclusive owners of the suit lands and the house or in the alternate to declare that plaintiff No.1 being the sole heir of deceased Ninganagouda Patil, has inherited the suit land, suit house and the amount mentioned therein, as exclusive owner and for consequential relief of permanent injunction restraining the defendants from interfering with the possession and enjoyment of the schedule properties.