VIGHNESHWAR NARASIHMA HEGDE Vs. RAGHUPATI NARASIHMA HEGDE

JUDGEMENT

(1.) Appellant/plaintiff feeling aggrieved by the judgment and decree of First Appellate Court on the file of Fast Track Court, Sirsi in R.A.No.53/2008, dtd. 24/4/2010, preferred this appeal.

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

(3.) The factual matrix leading to the case of plaintiff can be stated in nutshell to the effect that suit property measuring 0/5/12 in Sy.No.271 of Bommanalli village is described in the plaint sketch, the defendant by filing O.S.No.114/85 on the file of Civil Judge (JR.Dn), Sirsi claiming to be the owner of property measuring 6 guntas in Sy.No.271/2. The said suit came to be partly decreed and claim of defendant for adverse possession came to be dismissed. The said judgment and decree was assailed before the first appellate Court in RA.No.127/1990 and R.A.No.7/2091 on the file of Civil Judge (Sr.Dn), Sirsi and both appeals came to be dismissed. It is thereafter plaintiff filed the present suit seeking the relief of possession and mesne profits.