YAMANAPPA AND ORS. Vs. SHIVAYOGAPPA

JUDGEMENT

(1.) THIS Regular Second Appeal is preferred calling in question the judgment and decree passed in OS No. 123/2006 on the file of the Civil Judge & JMFC, Indi, dated 6.9.2012.

(2.) ON perusal of the judgment and decree of the Trial Court and the First Appellate Court, it reveals that the plaintiff and the defendants are the residents of Hire -Rugi village of Indi Taluk, Bijapur District. The plaintiff has been in possession and enjoyment of the open site bearing VPC No. 672 measuring 28 x 28 feet situated at Hire -Rugi village of Indi Taluk marked as ABCD in the plaint hand sketch and it is stated that the said property bears specific boundary such as -

(3.) THE defendants, who are the appellants before this Court have entered their appearance before the Trial Court, filed their written statement denying the plaintiffs ownership and possession over the said property. The defendants have specifically denied that the suit property has been allotted to the plaintiff by Gram Panchayat and the boundaries of the suit property has not been properly mentioned. It is further denied that the passage alleged to have been left by the Panchayat for discharging waste water through gutter and after the passage, the land of the defendants is situated as pleaded by the plaintiff has also been denied. The defendants not only denied the possession and enjoyment of the property by the plaintiff, but they have stated that there is an agricultural land abutting to Hire Rugi Bolegaon main road. The width of the road is 80' and it is stated that actually, there is no grama tana site towards the northern side of the said road. The plaintiff in collusion with the Chairman of the Grama Panchayat , created certain documents and has encroached the road and as such, he is not entitled for any relief. It is stated that no cause of action has occurred to the plaintiff.