JAGADISH Vs. NARAYAN AND ORS.

JUDGEMENT

(1.) THE defendant filed the above writ petitions against the order dated 20.04.2015 made in O.S. No. 39/2012 connected with O.S. No. 156/12 on the file of the Additional Senior Civil Judge and JMFC, Athani, dismissing the application filed by the defendant under Order 26 Rule 10(A) and Rule 18 read with Section 151 of the Code of Civil Procedure.

(2.) THE respondent who is plaintiff in the trial court filed O.S. No. 39/12 for declaration of title and consequential relief of permanent injunction in respect of suit schedule property, more fully described in the schedule to the suit, contending that he is the owner of the property in question and in pursuance of the registered sale deed dated 20.05.1994, plaintiff's name was mutated in the revenue records in M.E. No. 3161 and it was certainly in accordance with law on 24.11.1999. The plaintiff is in lawful possession and wahivat of the suit portion without any obstruction from a y body. The title is vested with the plaintiff of the area of 34 guntas 08 annas and also contended that the defendant has no title over the portion marked CDGH portion shown in the hand -sketch map and he has no right to construct and enjoy the said portion, etc. The defendant filed written statement and denied entire plaint averments and has contended that he has not encroached the property of the plaintiff and sought for dismissal of the suit.

(3.) AGAINST the said order the present petition is filed.