SUNITA Vs. BHIMAPPA

JUDGEMENT

(1.) This appeal is filed by the plaintiffs challenging the judgment and decree passed by the Senior Civil Judge, Koppal, in R.A.No.29/2011 dtd. 15/11/2011 whereby the learned Senior Civil Judge has reversed the judgment and decree in O.S.No.160/2008 dtd. 12/4/2011 on the file of the Civil Judge, Koppal and dismissed the suit of the plaintiffs-appellants herein.

(2.) For the sake of convenience, parties are referred to as per the ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are that the plaintiffs have filed a suit for the relief of declaration that they are the owners of the suit land bearing Survey No.150/4 measuring 37 guntas, out of 2 acres 29 guntas and sought for possession of the said property from the defendants. It is the contention of the plaintiffs that Survey No.150/4 was totally measuring 2 acres 29 guntas and it had been granted to one Devappa S/o. Yamanappa. That plaintiff No.1 and Devappa are brothers and in oral partition in the year 2006, the said survey number has been allotted to plaintiff No.1. Plaintiff No.2 is the husband of Plaintiff No.1 and it is alleged that in the year 2005, the defendants have highhandedly encroached the suit property to the extent of 37 guntas and hence, they have filed this suit. Initially, suit was filed for possession of 29 guntas on the ground that 29 guntas was encroached, but subsequently after report of the Surveyor/Court Commissioner, the plaintiffs have got amended the plaint and sought possession of 37 guntas of encroached area.