ASHOK BASAVANNEPPA BASARKOD Vs. SAROJINI

JUDGEMENT

(1.) This appeal is filed under Sec. 100 of CPC, by the LRs. of defendant challenging the judgment and decree passed by the Civil Judge (Sr.Dn), Bailhongal, in RA No.26/2001 dtd. 13/11/2006 whereby the learned Senior Civil Judge has set aside the judgment and decree in OS No.158/1992 on the file of the Additional Civil Judge (Jr.Dn), Bailhongal and decreed the said suit.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) Brief facts of the case are as under: That the suit property consists of house and backyard situated in Goudar lane of Margankoppa village bearing Mandal Panchayat No.116 of Ambadagatti Mandal Panchayat in Bailhongal Taluk. That on the northern side, the house is situated abutted to road and on the southern side, backyard is situated. It is asserted that both house and backyard together were given a single panchayat No.116. Plaintiffs have also produced sketch wherein the suit house along with the backyard is shown as letter 'A' and the suit backyard is shown by letter 'B' which is marked as Ex.P2. It is asserted by the plaintiff that the suit property is the ancestral property inherited by the plaintiff from his father and it is in plaintiffs possession and enjoyment. It is asserted that the plaintiff is residing in the suit house along with his younger brother Indragouda and plaintiff is the Manager of the joint family. Plaintiff is making use of the backyard for tethering cattle, storing baystack, hay dung pit and firewood etc. Defendant Nos.1 to 3 are the owners of the house and backyard bearing M.P.No.121 while defendant No.4 is the son of defendant No.1. It is asserted that defendants' house lies to the East of plaintiffs' house and in between there are two houses. It is asserted that the defendants have no right title or interest over the suit property and 8 days prior to the institution of the suit, the defendants illegally entered in portion of suit 'B' backyard and they attempted to dig foundation and when the plaintiffs requested them to stop their illegal activity, they did not heed and hence, they filed a suit.