CHINNAMMA Vs. SHAMACHAR L V SINCE

JUDGEMENT

(1.) Though the matter is listed for admission, by the consent of both the parties, the matter is taken up for final hearing.

(2.) This is a defendants' regular second appeal against the judgment and decree dated 07.09.2013 made in R.A.No.122/2012 on the file of IV Addl. Dist. & Sessions Judge, Doddaballapur, Bangalore Rural District, Bangalore, dismissing I.A.No.I on the ground of delay of 74 days and consequently, dismissing the appeal and confirming the judgment and decree dated 02.12.2011 made in O.S.No.385/07 on the file of Senior Civil Judge and J.M.F.C., Doddaballapur, decreeing the suit for declaration and permanent injunction in respect of the suit schedule property.

(3.) The respondents, who are the plaintiffs, had filed O.S.No.385/2007 for declaration and permanent injunction in respect of suit schedule property bearing Sy.No.59 measuring 6 acres 38 guntas, situated at Kallukote Village, Tubugere Hobli, Doddaballapur Taluk, contending that they are the absolute owners of the said property and the defendants without any manner of right, title and interest are interfering with the possession and enjoyment of the suit schedule property. The defendants filed their written statement denying the plaint averments and contended that the husband of defendant No.1 purchased 3 acres 4 guntas of land in Sy.No.59 under the registered sale deed dated 07.06.1971, etc., and sought for dismissal of the suit.