ARVIND Vs. DHONDI

JUDGEMENT

(1.) PLAINTIFF of an original suit bearing O.S. No. 46/2003 which was pending on the file of the Court of Prl. Civil Judge, (Sr. Dn.), Gokak, is before this Court, challenging the divergent judgment passed by the learned Prl. District Judge, Belgaum, in R.A. No. 142/2008. The appellant is the plaintiff in the said suit and respondent is the defendant in the said suit. Parties will be referred to as plaintiff and defendant as per their ranking given in the trial Court.

(2.) PLAINTIFF is the absolute owner in possession of land bearing R.S. No. 41/3A and has been growing sugarcane crop in his land. The defendant has the land in Sy. No. 41/2 having purchased the same from Ramakrishna Keshav Kulkarni, plaintiffs cousin. The land in Sy. No. 41/3B which is to the south of land in Sy. No. 41/3A belongs to the brother of the plaintiff. Since the defendant who is the owner of land in R.S. No. 41/2 tried to interfere with his title and possession in respect of the land bearing Sy. No. 41/3A, plaintiff chose to file a suit for the reliefs of declaration of title and permanent injunction before the Court of Prl. Civil Judge (Sr. Dn.), Gokak.

(3.) ON the basis of the above pleadings following issues came to be framed: