HUSENBI Vs. SHAIKLABI

JUDGEMENT

(1.) The present second appeal is filed by the defendant under Sec. 100 of Code of Civil Procedure, 1908[Hereinafter referred to as 'CPC'] challenging the judgment and decree dtd. 6/11/2007 passed in RA.No.62/2003 by the Additional Civil Judge (Sr.Dn.), Ranebennur[Hereinafter referred to as the 'first appellate Court'] and the judgment and decree dtd. 5/7/2003 passed in O.S No.33/1995 by the Additional Civil Judge (Jr.Dn.) & II Additional JMFC, Ranebennur[Hereinafter referred to as the 'Trial Court'].

(2.) The parties will be referred to as per their ranking before the Trial Court, for the sake of convenience.

(3.) The relevant facts necessary for consideration of the present appeal are that one Gafarsab Badagi was admittedly the owner of the property measuring 3 acres 3 guntas of land in survey No.21/2, situated in Konanatambagi village, Ranebennur taluk, Haveri District[Hereinafter referred to as the 'suit property']. The wife of the said Gafarsab Badagi, filed a suit in O.S No.97/94, seeking for a declaration, that consequent to the death of her husband, she is the absolute owner of the suit property and to restrain the defendants from interfering with her possession of the suit property.