Y.S. SUBBANNA Vs. Y.S. LAKSHMAN RAO

JUDGEMENT

(1.) LONE defendant of an original suit bearing O.S.No.264/1992 which was pending on the file of the Munsiff & JMFC at Doddaballapur, is before this Court having filed an appeal under Section 100 of CPC. Respondent is the sole plaintiff in the said suit.

(2.) PARTIES will be referred to as plaintiff and defendant as per their ranking in the Trial Court.

(3.) SUIT of the plaintiff filed for the reliefs of declaration of title and permanent injunction in respect of two vacant sites as described in the schedule appended to the plaint was decreed as prayed for, as against which, the defendant chose to file an appeal before the Court of Civil Judge (Sr.Dn.) at Bangalore District, Bangalore, in R.A.No.60/2000 which was renumbered as R.A.No.45/2002. The said appeal has been allowed in part on 30.11.2006 confirming the decree passed in respect of suit schedule item 'b' schedule property and in respect of 'a' property suit is rejected. Being aggrieved by the confirmation of the decree in respect of item 'b' of the suit schedule property, the present appeal is filed.