PANDAPP AND ORS. Vs. RAMALINGAPPA AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 11.11.2013, in R.A. No. 11/2012, on the file of Senior Civil Judge, Gangavathi, reversing the judgment and decree dated 30.1.2012, in O.S. No. 10/2011, on the file of Addl. Civil Judge and JMFC, Gangavathi.

(2.) Heard Sri Anand Kolli, learned counsel for the appellants and Sri M.G. Naganuri, learned counsel for the respondents.

(3.) Plaintiffs -appellants filed the instant suit contending inter -alia that they are the owners in possession of agricultural land measuring 2 acres 20 guntas bearing Sy. No. 209/2/D2 of Gangavati village and that the defendants threatened to dispossess them on 24.12.2010. Accordingly they filed the suit with a prayer for injunction to restrain the defendants from interfering with their possession over the property. Suit was resisted by filing written statement contending inter -alia that the defendants were owners in possession of property bearing Sy. No. 209/2/D1 measuring 2 acres 20 guntas and that the suit land bearing Sy. No. 209/2/D2 was not in existence either on the date of filing of the suit or at any point of time. Therefore the question of interference did not arise. The plaintiff got examined 3 witnesses and got marked 14 exhibits. On behalf of defendants, two witnesses were examined and 9 exhibits were marked.