LAWS(KAR)-2024-2-47

BABURAO Vs. SHIVALINGAPPA

Decided On February 15, 2024
BABURAO Appellant
V/S
Shivalingappa Respondents

JUDGEMENT

(1.) This appeal is preferred by plaintiffs challenging the judgment and decree dtd. 9/1/2019 passed in Regular Appeal No.4 of 2017 on the file of the Senior Civil Judge, Aland (for short, hereinafter referred to as 'First Appellate Court'), dismissing the appeal and confirming the judgment and decree dtd. 7/11/2016 passed in Original Suit No.203 of 2009 on the file of the Additional Civil Judge and JMFC, Aland (for short, hereinafter referred to as 'Trial Court'), wherein the suit filed by the plaintiffs came to be dismissed.

(2.) For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the Trial Court.

(3.) The plaint averments are that the plaintiffs filed Original Suit No.203 of 2009, seeking relief of declaration that the they are the owners in possession of the schedule property stating that the properties are belong to their ancestors. It is also stated in the plaint that the defendants are interfering with the suit schedule properties and as such, the plaintiffs filed suit before the Trial Court.