PADMAVVA Vs. MANJUNATH

JUDGEMENT

(1.) This Regular Second Appeal is preferred by the plaintiffs assailing the judgment and decree dtd. 19/4/2014 in R.A.No.131/2010 (Old R.A.No.213/2003) on the file of the IIAdditional District Judge, Dharwad (for short "the First Appellate Court") dismissing the appeal and confirming the judgment and decree dtd. 7/11/2003 in O.S.No.31/2002 on the file of the I-Additional Civil Judge (Jr.Dn), Dharwad (for short "the Trial Court") dismissing the suit of the plaintiffs.

(2.) For the sake of convenience, the parties are referred to as per their rank before the Trial Court.

(3.) It is the case of the plaintiffs that the plaintiff No.1 is the owner in possession of the land bearing Survey No.237/2A measuring 2 Acres 5 Guntas situated at Mugad village and plaintiff No.2 and 3 are the owners in possession of the land bearing Survey No.237/2B measuring 2 Acres 4 Guntas. It is further stated in the plaint that the revenue records stand in the name of the plaintiffs. Therefore, it is the contention of the plaintiffs that they are in possession of total land measuring 4 Acres 9 Guntas in Survey No.237/2A and 237/2B of Mugad village. It is further stated in the plaint that the defendant No.1 has sold the land bearing Survey No.237/1 measuring 3 Acres 5 Guntas to the defendant No.2 as per the registered sale deed dtd. 25/7/2001, however, the revenue records have not been changed properly pursuant to the registered sale deed dtd. 25/7/2001. It is also stated in the plaint that the defendant No.1 is trying to alienate the suit schedule property by taking undue advantage of the wrong entry made in the registered sale deed dtd. 28/12/2001, and therefore, the plaintiffs have filed the suit seeking the relief of declaration with consequential relief of injunction against the defendants.