SHANKAREPPA Vs. SHIVANGOUDA

JUDGEMENT

(1.) This appeal is by the unsuccessful plaintiff in OS No.527/2018 is directed against the impugned judgment and decree dtd. 6/10/2023 whereby the said suit filed by the appellant-plaintiff against the respondents-defendants for declaration and permanent injunction and other reliefs in relation to the suit schedule immovable property was dismissed by the trial Court.

(2.) A perusal of the material on record will indicate that the appellant-plaintiff is none other than the brother of the respondents-defendants. On 4/11/1991, the appellant instituted a suit in OS No.340/1991 against his father, brothers and others for partition and separate possession of his share in the suit schedule immovable properties. In the said suit, the respondent herein is arrayed as defendant No.4. On 30/7/1992, the parties entered into a compromise in OS No.340/2021 pursuant to which, out of the total extent of land bearing survey No.142/1 measuring 9 acres 12 guntas, an extent of 5 acres was allotted in favour of appellant-plaintiff in terms of the compromise. It was contended that pursuant to the aforesaid compromise decree dtd. 30/7/1992, a khata in relation to the aforesaid 5 acres which is subject matter of present suit in OS No.527/2018 was mutated into the name of the appellant-plaintiff and revenue records continue to stand in his name thereafter.

(3.) Subsequently on 25/5/1998, the father of the parties Satteppa Nadagouda expired and on 9/4/2002 one more brother of the appellant and respondents, Sripathi filed one more suit in OS No.185/2002 against the respondents herein and others in which the respondent herein was arrayed as defendant No.2. On 20/4/2002 the said suit in OS 185/2002 in which the respondent herein was defendant No.2 along with his brother who are remaining parties, except the plaintiff was compromised vide a compromise decree dtd. 20/4/2002 wherein, the remaining extent of 4 acres 12 guntas out of total extent of 9 acres 12 gutnas (excluding 5 acres allotted in favour of appellant-plaintiff in the compromise decree dtd. 30/7/1992 passed in OS 340/1991) was distributed among the parties.