T L NAGENDRA BABU Vs. MANOHAR RAO PAWAR

JUDGEMENT

(1.) THESE three appeals are disposed of by this common order. All these three appeals arise out of an order passed in O. S. No. 3421/ 2000 dated 8. 2. 2002 by the learned Addl. City Civil Judge, bangalore.

(2.) R. F. A. No. 386/2002 is filed by Nagendra Babu. Facts" in brief are as under:

(3.) SUIT was contested. The defendant states that the property described in the alleged sale deed by the plaintiff is different from the suit schedule property. In the year 1887, late Sri shivaramanand Bharathi was not in possession of any immovable -property in his personal capacity. Property stood in his name and it was in the capacity as a Matadhipathi of Sri Gosai mutt, Gavipuram, Bangalore. The Government took over the management, with all its properties. This was challenged in O. S. NO. 338/1973 by late Sri Shivaramanand Bharathi. Suit was finally disposed of on 11. 8. 1987. Late Sri Shivaramanand Bharathi filed execution petition for possession of the immovable property, as per Judgment and Decree. Execution petition was closed for default on 4. 10. 1991. Thereafter, Execution Petition No. 786/1996 was filed and the same is pending. The defendant is in possession of the property in his own right. He purchased the property under the registered sale deed dated 5. 3. 1990. Sri Gosai Mutt filed the suit in o. S. No. 2372/ 1999 against the defendant. A counter suit was filed by the defendant-appellant in o. S. No. 2400/i999. Both the suits were compromised on 7. 2. 2000. Defendant is in possession of the property. Learned Trial Judge framed 13 issues.