CHIKKADODDAPPA Vs. NAGENDRAPPA

JUDGEMENT

(1.) THIS is plaintiffs second appeal calling in question correctness and legality of judgment and decree dated 03.03.2009 passed by Civil Judge (Sr.Dn), Sira in R.A.No.193/2005 whereunder appeal filed by plaintiffs calling in question judgment and decree dated 08.07.1994 passed by learned Munsiff & JMFC, Sira in O.S.No.495/1989 dismissing plaintiffs suit for declaration and permanent injunction came to be affirmed and appeal came to be dismissed.

(2.) I have heard the arguments of Sriyuths F.S.Dabali, learned Advocate appearing for appellants and H.V.Harish, learned Advocate appearing for respondents -1(a) to (g), 2(a) to (c), 3, 4 and 5 -(a) to (c). Notice to Respondent -6(d) has been dispensed with. Other respondents are served and unrepresented.

(3.) PLAINTIFFS claiming to be the absolute owners in possession and enjoyment of the property bearing Sy.No.160 measuring 38 acres 7 guntas situated at Yamdore village, Sira Taluk, morefully described in the plaint schedule sought for declaration of their title and for perpetual injunction contending interalia that suit schedule property originally belonged to one Sri Doddappa s/o Sri Doddegowda who is their grand father and he had one son by name Sri Doddappa and during the life time of their grand father, he was in possession and enjoyment of the property and on his demise, his son Sri Doddappa, who is the father of plaintiffs was in possession and on his demise, plaintiffs succeeded to the suit schedule property as heirs of Sri Doddappa and as such, they are in possession and enjoyment of suit schedule property. It was also contended that defendants who have no right, title or interest over the suit schedule property are attempting to interfere with plaintiffs possession and enjoyment of same and are also claiming right over suit schedule property. Hence, they sought for declaration and perpetual injunction.