ABDULBEE Vs. GHUDU SAHEB

JUDGEMENT

(1.) The above second appeal is filed by the defendants to set aside the judgment and decree dtd. 25/3/2009 passed in R.A.No.3/2007 (old R.A.No.10/2006) by the Court of the Presiding Officer, Fast Track Court-I at Yadgir (for short 'first appellate Court') and to set aside the judgment and decree dtd. 15/12/2005 passed in O.S.No.169/2004 by the Court of the Civil Judge (Sr.Dn.) at Shorapur sitting at Shahapur (for short 'Trial Court').

(2.) The parties will be referred to as per their rank before the Trial Court for the sake of convenience.

(3.) The plaintiffs instituted O.S.No.169/2004 for declaration that they are the owners and possessors of land in Survey No.664/1, measuring 6 acres 25 guntas in Doranhalli village, Shahapur taluka (for short 'suit land') and to restrain the defendants from interfering with the peaceful possession of the plaintiffs over the suit land. It is the case of the plaintiffs that they are the absolute owners in possession of the suit land and they have grown trees (14 numbers) in the suit land. That between the land of the plaintiffs and the land of the defendants, there is a bund raised by the plaintiffs about 25 years back. That the defendants are nowhere concerned to the said trees grown by the plaintiffs and have nothing to do with the bund constructed by the plaintiffs. That the defendants with ulterior motive, are interfering with the peaceful possession of the plaintiffs over the suit land and trying to destroy the bund and cut the trees. Hence, the suit is filed.