NINGAPPA SHANKRAPPA HACHDAD Vs. NEELAMMA

JUDGEMENT

(1.) This appeal is filed by the plaintiff challenging the judgment and decree dtd. 3/12/2019 passed in Regular Appeal No.23 of 2010 on the file of the Additional Senior Civil Judge, Basavana Bagewadi (for short, hereinafter referred to as 'First Appellate Court'), dismissing the appeal and confirming the judgment and decree dtd. 5/4/2010 passed in Original Suit No.09 of 2000 on the file of the Civil Judge (Jr.Dn.), Basavana Bagewadi (for short, hereinafter referred to as 'Trial Court'), wherein the suit filed by the plaintiff came to the 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 plaintiff claims to be the owner of the suit schedule property, alleging that the defendants 2 and 3 are the son and daughter of defendant No.1. The defendant No.1 is the daughter of the deceased Shankaramma and the suit schedule property belongs to said Shankaramma. It is stated in the plaint that the deceased Shankaramma died on 16/10/1976 leaving behind the registered Will dtd. 23/7/1976 bequeathing the schedule property to the plaintiff and as such, the defendants interfered with the peaceful possession of the schedule property. Being aggrieved by the same, plaintiff filed Original Suit No.09 of 2000 before the Trial Court seeking relief of permanent injunction against the defendants.