M KRISHNA REDDY Vs. S M NARAYAN; YERAMMA @ JAYAMMA; S N VENUGOPAL; S N JAGADEESH; S N CHANDRASHEKAR @ SHEKAR; S N GURUPRASAD AND BABU; S N SATISH; S N SUDHARANI; ANNOJI; SURESH

JUDGEMENT

(1.) This appeal is filed under Section 100 of CPC directed against the judgment and decree passed by the first appellate Court under Section 96 of CPC in R.A.No.68/2000. The learned Sessions Judge and C.J.M. Kolar, has allowed the appeal and decreed the suit filed by the appellant-S.M.Narayan, who was the sole plaintiff in the said suit. Respondents-2 and 3 were the defendants-2 and 3 in the said suit.

(2.) Plaintiff chose to file a suit (O.S.No.375/94) for the relief of permanent injunction against the defendants relating to the right of presumption. He had requested the trial Court to restrain defendant No.1 from alienating the suit schedule property to defendant No.2 and also to other persons by way of a permanent injunction. Schedule appended to the plaintiff is a house property with first floor, situated at IV Cross, Gowripet, Kolar Town, measuring 10.5 feet x 38 feet bounded on the east by common passage then plaintiff's house, west by Thulasamma's house.

(3.) Question NO.1: