NINGAPPA BHARMANNA GAVADA Vs. IRRAPPA SONAPPA PATIL

JUDGEMENT

(1.) Appellants/plaintiffs feeling aggrieved by the judgment and decree passed by first Appellate Court on the file of Senior Civil Judge, Khanapur, in R.A.No.188/2008 (Old R.A.No.174/2005) dtd. 24/7/2010 preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of plaintiffs can be stated in nutshell to the effect that plaintiffs are owners and in possession of land bearing R.S.No.119/1 measuring 33 guntas and R.S.No.119/5 measuring 1 acre 18 of Karambal village, Khanapur taluk. Smt.Bayakka Ningappa Yallur was the owner of the property and she died about 30 to 40 years back without any issues. On the death of Bayakka Ningappa Yallur, name of plaintiffs came to be entered in the records by virtue of certification of M.E.No.1461 dtd. 30/4/1990. Defendant No.1 Irappa Sonappa Patil without having any legal right got mutated his name for the house property to the extent of 66' X 66' of Sy.No.119/5 and constructed house illegally without the consent of plaintiffs. Defendant No.1 had filed O.S.No.78/1995 on the file of Civil Judge (Jr.Dn.), Khanapur and subsequently, got withdrawn the said suit. The suit of plaintiffs in O.S.No.36/1996 was dismissed on 10/4/2001 and appeal in R.A.No.170/2001 is pending. Defendant No.1 by taking undue advantage of dismissal of O.S.No.36/1996 got mutated his name in collusion with revenue authorities and started denying the right of plaintiffs over the suit schedule properties. Therefore, the plaintiffs were constrained to institute the suit on hand for the relief claimed in the suit.