M MALLIKARJUN Vs. M TIMMANAGOUDA

JUDGEMENT

(1.) THE defendant in O.S.No.6/1999 on the fi le of Civi l Judge (Jr.Dn. ) , Sandur, has come up in this second appeal challenging the divergent finding rendered by the Court of Civi l Judge (Sr.Dn.) , Kudligi, in R.A.No.48/2002 wherein the judgment and decree dated 24.10.2000 passed in O.S.No.6/1999 is set aside and the suit of the plainti f f is decreed by judgment and decree dated 31.3.2008.

(2.) THE brief facts leading to this second appeal are that the plainti ff in original suit M.Thimmamangouda is the grandson of Sanjeevanagouda, the propositus. Sanjeevanagouda died leaving him surviving his two sons viz. , Linganagouda and Ramanagouda. The plaintif f Thimmanagouda is the 1st son of Linganagouda and he has other three brothers, viz. , Doddatipperudragouda, Sannatipperudragouda and Ramanagouda, whereas his father Linganagouda's younger brother Ramanagouda has two sons by name Sanjeevanagouda and Linganagouda. This litigation revolves around a property which is said to have been granted by the Government in favour of plainti f f's uncle Ramanagouda in the year 1962.

(3.) THE genesis of the litigation is that the plainti f f Thimmanagouda who is 1st son of Linganagouda is claiming the suit schedule land as the property which has come to the share of his father in partition between his father Linganagouda and uncle Ramanagouda in the year 1962. According to him, in the said partition 50% of the land bearing Sy.No.249 i.e. , an extent of 66' x 30' was given to the share of his father which has come to him and he has been in possession and enjoyment of the same. According to him, there was obstruction by defendant Mal l ikarjun who is grandson of his uncle Ramanagodua through his first son Sanjeevanagouda. Hence to protect his interest he fi led the suit in O.S.No.6/1999 for the relief of declaration and permanent injunction restraining the defendant Mal l ikarjun from interfering with his al leged peaceful possession and enjoyment of the property.