BOREGOWDA Vs. RAMASWAMY

JUDGEMENT

(1.) DEFENDANTS in O.S. No. 420/1991 having suffered judgment and decree dated 18.01.2007 of the Prl. Civil Judge (Jr. Dn.), Channarayapatna, preferred R.A. No. 14/2007 before the Fast Track Court at Channarayapatna, whence the appeal along with application under Order 41 Rule 27 of the CPC was dismissed by judgment and decree dated 27.08.2010. Hence this second appeal.

(2.) THIS appeal was admitted on 22.04.2013 to consider the following substantial question of law.

(3.) HEARD the learned Counsel for parties, perused the pleadings and examined the judgment and decree of the Courts below. Suffice it to notice few relevant facts that one Gangadhara, brother of first appellant and husband of 2nd appellant instituted O.S. No. 9/1991 arraigning Ramaswamy, S/o. Krishnappa as defendant, for bare injunction describing the suit schedule property as land bearing Sy. No. 12, Block I, measuring 3 acres of Kumbarahalli, Bagooru Hobli, Channarayapatna bounded on the;