SARASWATHAMMA Vs. CHANDRAPPA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned counsel for the respondents.

(2.) This miscellaneous first appeal is filed under Order 43, Rule 1(r) of C.P.C. praying this Court to set aside the impugned order passed on I.A.No.4 filed under Order 39, Rule 1 and 2 read with Sec. 151 of C.P.C. dtd. 24/2/2023 passed in O.S.No.177/2022 by allowing this appeal.

(3.) The factual matrix of the case of the appellant- plaintiff herein is that the appellant has filed the suit in O.S.No.177/2022, wherein prayed the Court to direct the defendant No.4 not to disburse the compensation amount and declare that the plaintiff is the absolute owner. It is contended in the plaint that properties more fully described in the bottom of the plaint is suit schedule properties bearing old Sy.No.119 and new Sy.No.119/p2, after phodi new Sy.No.255/1 and 255/2 measuring an extent of 6 acre, 27 guntas, which situated at Bhavanahalli Village, Kasaba Hobli, Malur Taluk, Kolar District. It is contended that plaintiff is in peaceful possession and enjoyment of the suit schedule properties and the suit schedule properties originally belong to the Government Gomal land. The Government has granted the suit schedule properties in favour of father of the plaintiff i.e., Mallappa in LRF No.1137/74-75 vide order dtd. 28/5/1982. The Mallappa is in peaceful possession and enjoyment of the suit schedule properties during his life time. After the death of late Mallappa, the plaintiff is in peaceful possession and enjoyment of the suit schedule properties. It is contended that the defendants are illegally interfering with the possession of the suit schedule properties, even though they are not having any right, title and interest over the suit schedule properties. The defendants are also making hectic attempts to interfere with the possession of the plaintiff over the suit schedule properties. The same is resisted by the plaintiff and hence, sought for the relief of declaration of title.