RAMANAGOUDA Vs. BASAVANTARYYA

JUDGEMENT

(1.) On 16/6/1997, Basavantaryya Madiwalappa Mulimani instituted suit in O.S. No.157 of 1997 against his younger brother--Ramanagouda Madiwalappa Mulimani for declaration that he was the owner of the house property bearing VPC No. 55 of Yalawar village and also sought a consequential decree of injunction. Subsequently, by way of an amendment, he also sought the vacant possession of the western room of the said house.

(2.) It may be pertinent to state here that during the pendency of the suit, both Basavantaryya and Ramanagouda passed away, and their legal heirs were brought on record.

(3.) About a month after the institution of said suit, on 11/8/1997, Basavantaryya instituted another suit in O.S. No.174 of 1997 seeking a decree of injunction to restrain his younger brother--Ramanagouda from interfering with his possession of the property bearing No.393 measuring 04 acres 27 guntas, out of a total extent of 17 acres 13 guntas of Yalawar Village.