FAKKIRAPPA Vs. NINGAPPA SHEDIYAPPA MAGGAD AND ORS.

JUDGEMENT

(1.) The second defendant in O.S. No. 54/2008 has preferred this second appeal, assailing judgment and decree of the Prl. Senior Civil Judge, Ranebennur, dated 21/11/2015, in R.A. No. 17/2014, by which judgment and decree passed in O.S. No. 54/2008 dated 21/12/2013 by the Prl. Civil Judge and I Additional JMFC, Ranebennur, has been affirmed.

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

(3.) The first respondent - plaintiff, filed the suit seeking relief of declaration to the effect that the plaintiff is the absolute owner of the suit schedule properties by virtue of Will dated 05/12/2005, executed by Ningappa Maggad, in favour of the plaintiff and for consequential relief of permanent injunction, restraining the defendants or anybody claiming through them from interfering with the construction of the suit properties, for the developmental work of Beereshwara Devasthana (temple).