NAGENDRA BHATTA Vs. RAMAKRISHNA TUNGA

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 20.08.2013 passed on IA No. 1 in OS No. 168/2012 and judgment dated 18.07.2014 passed in MA No. 20/2013.

(2.) THE respondents have entered caveat. In that view, I have heard the learned Counsel for the parties and perused the petition papers.

(3.) NORMALLY , when the concurrent order and Judgments are passed by the Courts below, this Court would be slow to interfere with the order unless, it becomes absolutely necessary. In the instant case, the very nature of the pleading that has been putforth by the plaintiffs would indicate that there is no challenge to the title of the defendant to an extent of 2 acres 33 guntas in Survey No. 42/1 of Shankarapura Village, Agrahara Hobli, Thirthahalli Taluk. The claim of the plaintiffs is that, despite defendant having right only to an extent of 2 acres 33 guntas in the said property, the plaintiffs have encroached an extent of 5 guntas in the land belonging to the defendant, which is described in 'A' schedule property and as such, the defendant is falsely claiming right over the property to an extent of 2 acres 38 guntas.