N. KARIBASAPPA AND ORS. Vs. P. SRINIVASA RAO

JUDGEMENT

(1.) This appeal is filed by defendants in O.S. No. 47/2004, assailing judgment and decree passed in R.A. No. 35/2008 by Principal Senior Civil Judge and C.J.M., Ballan, dated 31.10.2014, by which, judgment and decree of trial Court passed in O.S. No. 47/2004 dated 27.02.2008 by Civil Judge (Jr. Dn.), Siruguppa, has been confirmed.

(2.) For the sake of convenience, the parties shall be referred to, in terms of their status before the trial Court.

(3.) Respondent No. 1 - plaintiff filed a suit seeking relief of declaration, possession, mandatory and permanent injunction against defendants No. 1 to 5 in respect of suit schedule property. It is the case of plaintiff that vacant site annexed to Sangeetha Bar and Restaurant bearing door Nos. 361, 362, 363, 364 and 365 situated in 7th ward, within the limits of Town Panchayat, Siruguppa, is more fully described in plaint rough sketch and marked as ABCD (hereafter to be referred as suit schedule property). Said property belonged to State Government. The State Government had granted and assigned 'patta' in favour of plaintiffs father, Pathange Hanumantha Rao. He had two sons by name P. Venkoba Rao and P. Sreenivasa Rao. On the death of their father, suit schedule property was jointly succeeded to by his sons. After the death of P. Venkoba Rao, his wife Smt. Banga Bai and their son P. Manohar divided the joint family properties of the family with plaintiff under a registered partition deed dated 08.09.2000. Suit schedule property has fallen to the share of plaintiff and thereafter mutation entry has been effected in his name.