LAWS(KAR)-2023-1-53

SUSHEELAMMA Vs. B.M. KARIAPPA

Decided On January 31, 2023
SUSHEELAMMA Appellant
V/S
B.M. Kariappa Respondents

JUDGEMENT

(1.) The defendants have preferred this appeal being aggrieved by the impugned judgment and decree dtd. 13/11/2015 passed in O.S.No.103/2008 on the file of the learned Principal Civil Judge and JMFC, Somwarpet (hereinafter referred to as 'the trial Court' for brevity), decreeing the suit of the plaintiff declaring that the plaintiff is the absolute owner of the suit schedule property and directing the defendants to handover vacant possession of the encroached portion of suit schedule property to the plaintiff within three months from the date of order, which was confirmed vide judgment and decree dtd. 3/7/2017 in R.A.No.43/2015 on the file of the learned Senior Civil Judge, Somawarapete (hereinafter referred to as 'First Appellate Court' for brevity).

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

(3.) Brief facts of the case are that the plaintiff filed suit O.S.No.103/2008 against defendant Nos.1 and 2, seeking declaration that he is the absolute owner of the schedule property i.e., land bearing Sy.No.33/23 measuring 2.93 acres situated at Kanaralli Village, Kodlipet Revenue Hobli, Somwarpet Taluk, Kodagu, with the boundaries mentioned in the schedule appended to the plaint and to direct the defendants to vacate and handover 2.20 acres out of the schedule property in favour of the plaintiff, which they had encroached and for mesne profits.