DANKANACHARI Vs. GANESHACHARI AND ORS.

JUDGEMENT

(1.) Appellant is the first defendant in O.S. No. 113/2000. He has challenged order dated 03.11.2014 passed by the Senior Civil Judge at Ranebennur on an application filed under Sec. 5 of the Limitation Act, 1963, seeking condonation of delay of two years and two months in filing appeal R.A. No. 61/2007, assailing judgment and decree dated 21.07.2003 passed in O.S. No. 113/2000.

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

(3.) First respondent -plaintiff and the appellant and second respondent are brothers. They are the children of Mallarappa Kammar. Suit schedule property is their ancestral property. According to the plaintiff, on the demise of their father Mallarappa Kammar, suit property fell to the share of the plaintiff in the family partition. Plaintiff is in separate possession and enjoyment of the suit property in accordance with the family partition, that the name of the plaintiff and defendants respectively have been entered in the record of rights and other revenue records as per the varadi given by them with respect to the land, house property and open space which are the joint family properties. Ownership of the plaintiff is entered in the mutation register M.E. No. 645 as he is in physical possession and enjoyment of the suit schedule property, that he has been paying taxes to the gram panchayat and the defendant having no right, title and interest in the suit property when they started interfering with his peaceful possession and enjoyment of the property in July 2000 he was constrained to file suit seeking relief of declaration and permanent injunction.