MADEGOWDA Vs. MIRZA ABDUL HAFEEZ AND ANOTHER

JUDGEMENT

(1.) This second appeal is filed by defendant 1 in O.S. No. 99 of 1998, assailing judgment and decree passed in R.A. No. 51 of 2009 (R.A. No. 66 of 2003 old), dated 23-1-2010, passed by the Presiding Officer, Fast Track Court at Hunsur, by which the judgment and decree dated 25-2-2003, passed in O.S. No. 99 of 1998, by the Civil Judge (Junior Division) at Hunsur, has been affirmed.

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

(3.) Respondent 2 herein is the plaintiff, who filed O.S. No. 99 of 1998, against defendants seeking a declaration that plaintiff is the absolute owner of the suit schedule property including 20 guntas of phot kharab land or in the alternative to declare him as the owner of the suit schedule land, to declare further that the revenue entries in R.R.5 and R.R.6 do not correspond or reflect the correct state of affairs and to direct the Revenue Authorities to make appropriate changes in the revenue records as per the judgment and decree and for permanent injunction to restrain defendants or anybody on their behalf from interfering or obstructing with the lawful possession and enjoyment of the plaintiff over the suit schedule land. The suit schedule land is measuring 2.37 acres in Sy. No. 7/1, situated at Mallinathapura, Hunsur Taluk, Mysore District, excluding 20 guntas of phot kharab land, more fully, described in the schedule.