(1.) THIS is an appeal preferred by the appellants -defendants being aggrieved by the judgment and decree in R.A. No. 39/2005 on the file of the Fast Track Court -III, District and Sessions Judge, Bengaluru Rural District dated 15.02.2006, confirming the judgment and decree in O.S. No. 351/1995 on the file of the Munsiff and JMFC, Hoskote dated 31.01.1997.
(2.) THE suit schedule property is a dwelling house roofed with bamboo and mud with vacant site measuring 80' x 70' x 35'/2 bearing khatha No. 2324 -2054/1519 situated at Nalagalli, Hosakote described in the schedule.
(3.) EVEN after service of summons to the defendants, they have not appeared before the Court below and they were placed ex -parte and the case was posted for evidence. 1st plaintiff was examined as P.W. 1 and documents were marked as Exs. P1 to P14. The trial Court considering the material placed on record, decreed the suit of the plaintiff with cost.