NANJUNDAPPA AND ORS. Vs. M. SREERAMAPPA AND ORS.

JUDGEMENT

(1.) DEFENDANTS 1 and 2 have filed this second appeal questioning the correctness and legality of the judgment and decree passed by the Principal District Judge, Kolar dated 04.12.2008 in R.A. No. 104/2008 (Old No. 151/2005) whereunder appeal filed by the first respondent challenging the judgment and decree passed in O.S. No. 293/1998 dated 02.03.2005 dismissing the suit for declaration of title, perpetual injunction and for mandatory injunction to demolish the building situated in the suit schedule property came to be reversed and suit came to be decreed.

(2.) NOTICE to Respondents 3, 4 and 5 dispensed with in exercise of the power vested by in this Court under Order 41 Rule 14 (Karnataka Amendment) since they were placed ex -parte before both the courts below. By consent of learned advocates appearing for the parties, this second appeal is taken up for final disposal and parties are referred to as per the rank in the Trial Court.

(3.) ON the basis of the pleadings of parties, trial Court framed issues for its adjudication and after answering issue No. 1 partly in the affirmative and partly in the negative and issue No. 2 in the affirmative denied the relief of declaration of title as sought for by the plaintiff and answering issue No. 3 and additional issue No. 2 in the negative and consequently dismissed the suit in its entirety.