D. SUBRAMANYAM Vs. JOS FRANSIS

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dtd. 16/3/2021 passed in O.S.No.1825/2013 on the file of the I Addl. City Civil & Sessions Judge, Bengaluru, whereby the said suit filed by the appellant against respondent Nos.1 to 3 for permanent injunction and other reliefs in relation to the suit schedule properties was dismissed by the trial Court.

(2.) Heard learned counsel for the appellant and learned counsel for respondent Nos.1 to 4. Respondent No.5 is served and remained unrepresented.

(3.) A perusal of the material on record will indicate that appellant / plaintiff instituted the aforesaid suit specifically contending that he is the absolute owner in lawful and peaceful possession and enjoyment of the suit schedule property bearing Site No.1854 as described in the schedule to the plaint. The said suit was opposed by respondent Nos.1 to 3, who are the legal representatives of the original defendant interalia contending that they are the owners of Site bearing No.1854 and that the appellant / plaintiff does not have any right over Site No.1853 owned and possessed by respondent Nos.1 to 3 / defendants.