KOLAGAL SHEKAPPA AND ORS. Vs. S. CHENNANAGOUDA

JUDGEMENT

(1.) The defendants in O.S. No. 738/2010 have preferred this Second Appeal, assailing judgment and decree of the Principal Senior Civil Judge & CJM, Bellary, passed in R.A. No. 37/2012 dated 30.06.2014 by which, judgment and decree passed by the I Addl. Civil Judge (Jr.Dn.), Bellary, dated 5.4.2012 passed in O.S. No. 738/2010 is confirmed.

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

(3.) It is the case of the plaintiff that the suit property originally belonged to one Megalageri Dyavaiah of Kolagallu village. After his death his sons, Thimmaiah, Marenna and Eranna inherited the same and they sold the property to the plaintiff and his brothers under registered sale deed dated 18.10.1963 for a valuable consideration and put the plaintiff and his brothers in actual possession and enjoyment of the same. Thereafter, khata in respect of the suit property was changed in the name of the plaintiff and his brothers. Later they developed the suit property. The suit property is agricultural land bearing Sy. No. 459/D measuring 9.76 acres situated in Kolagal village, Bellary Taluk and District, more fully described in the schedule to the plaint. The defendants being third parties without having any right, title or interest unnecessarily started interfering with the peaceful possession and enjoyment of the suit property. They made hectic efforts to dispossess the plaintiff from the suit property. Therefore, plaintiff filed the suit seeking a decree of permanent injunction against defendants.