SHIDDAPPA SHIDDAPPA KATTIKAR Vs. SATYAPPA YALLAPPA KATTIKAR

JUDGEMENT

(1.) APPELLANTS are the defendants of an original suit bearing O.S.No.2/2006, which was pending on the file of the Court of Civil Judge (Jr.Dn.), Ramdurg of Belgaum District. The said suit had been decreed as prayed for, granting the relief of declaration of title and permanent injunction vide considered judgment dated 07.12.2007. This considered judgment dated 07.12.2007 was called in question by filing a Regular Appeal under Section 96 of CPC in R.A.No.20/2008 before the Court of Senior Civil Judge, Ramdurg. The said appeal has been dismissed by a considered judgment dated 06.12.2008 affirming the judgment of the trial Court, as against which the present appeal is filed.

(2.) SEVERAL grounds have urged in the appeal memo and arguments have been submitted in regard to the admission of the matter.

(3.) SCHEDULE property measures 5.26 acres in survey No.162/1 of Soppadla Village of Ramdurg Taluk. The suit schedule property is an ancestral property of the plaintiffs and they are stated to be in possession of the same. The defendants, who have no right, title, interest or possession over the property, started interfering with the peaceful possession of the plaintiffs. Hence the suit came to be filed. According to the plaintiffs, defendants started denying their title on the basis of an entry found in the revenue records vide dairy No.33/2003 -04. Defendant No.1 has filed detailed written statement, which is adopted by remaining defendants 2 to 5. The averments that the property in question is an ancestral property of the plaintiffs and that they are in lawful possession of the same, has been specifically denied. The averment that the defendant are trying to take possession of the property on the strength of an entry found in Dairy No.33/2003 -04 has also been specifically denied. It is their case that, defendants have been taken possession according to law and that the property in question is the joint family property of the plaintiffs and defendants. According to them, one more property bearing survey No.21/3 measuring 4.3 acres is also in the joint possession of the plaintiffs and defendants at Soppadla village. According to the defendants, the property in question has fallen to their share and hence they are in lawful possession of the same.