SIDRAM Vs. SHRIKANT

JUDGEMENT

(1.) The above Second Appeal is filed by the Plaintiff to set aside the Judgment and Decree dtd. 23/1/2016 passed in O.S. No.95/2008 by the II Additional Senior Civil Judge, Vijayapura and Judgment and Decree dtd. 13/10/2017 in R.A. No.27/2016 by the IV Additional District and Sessions Judge, Vijayapura and to decree the suit filed by the Plaintiff.

(2.) The parties are referred to as per their ranking before the Trial Court for the sake of convenience.

(3.) The Plaintiff filed a suit in O.S. 95/2008 for declaration and mandatory injunction. It is the case of the Plaintiff that he is the exclusive owner in possession and enjoyment of the suit land having acquired the same by a partition between himself and his brother in the year 1984 which is also mutated in the revenue records; that the Defendant purchased the adjoining land vide Sale Deed dtd. 24/4/2004 from the previous owner by name Sri.Sanganabasappa and that the Defendant has encroached the suit land approximately North to South 22 feet and East to West 60 feet; that the encroached portion is shown in the hand Sketch produced along with the plaint; that the Defendant has illegally put up construction on the encroached portion; that the Defendant is having no manner or right, title and interest in the property of the Plaintiff. Hence, the suit is filed.