LAWS(KAR)-2023-4-41

KUM. HARSHADA S. Vs. MARIYAPPA

Decided On April 21, 2023
Kum. Harshada S. Appellant
V/S
MARIYAPPA Respondents

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and the counsel for the respondent is absent.

(2.) This appeal is filed challenging the judgment and decree dtd. 10/1/2018 passed in R.A.No.2/2015 on the file of the I Additional District and Sessions Judge, Ramanagara.

(3.) The factual matrix of the case of the appellant- plaintiff before the Trial Court is that the suit schedule property was originally belonged to her grandfather by name Nunnuru Honnegowda who had acquired the same under registered sale deed dtd. 1/5/1974. Thereafter, her grandfather executed a registered Will in her favour on 22/9/2010 and her grandfather died on 28/2/2011. It is contended that after the death of her grandfather, she became an absolute owner of the suit schedule property as per the Will. The defendant being her paternal uncle acquired wrongful possession of the suit schedule property by illegal means and forcibly put up construction of a building and that the defendant has refused to accept her title and handover the possession of the suit schedule property. Hence, the suit is filed for the relief of declaration, possession and for mandatory injunction.