MOHANDAS SUKRU GOUDA Vs. GANESH MAHADEV HEGDE

JUDGEMENT

(1.) PLAINTIFFS are before this Court by filing an appeal under Section 100 CPC. Suit filed by them in representative capacity under Order 1 Rule 8 CPC for the reliefs of declaration of title and permanent injunction pertaining to the Temple situated in an area measuring 6 guntas 8 annas in Sy.No.1522/4 of Gokarna Village, has been dismissed after contest. The said judgment and decree was challenged by filing an appeal under Section 96 of CPC before the Court of Civil Judge (Sr.Dn.), Kumta, in R.A.No.254/2006. The said appeal has also been dismissed after contest. Hence plaintiffs are before this Court.

(2.) FIRST defendant had set up a counter claim stating that he is the absolute owner of the entire extent of land in 25 guntas and 2 annas of land in Sy.No.1522/4 of Gokarna Village, Kumta Taluk and that the Temple existing thereon is the Temple belonging to their family and they have been performing pooja and that it is not a public Temple. The said counter claim filed by the first defendant has been allowed while dismissing the suit. As against this, only one appeal was filed in R.A.No.254/2006 in regard to the dismissal of their suit. No separate appeal is filed in regard to the counter claim filed by the first defendant being allowed.

(3.) SEVERAL grounds have been urged in this appeal challenging the judgment of the trial Court as well as the First Appellate Court.