LALIT KUMAR AND ORS. Vs. SHANTA AND ORS.

JUDGEMENT

(1.) Plaintiff No. 1 in O.S. No. 621/1989 has preferred this second appeal, assailing judgment and decree passed in RA No. 97/1992 by Second Additional Civil Judge (Sr. Dn.) at Dharwad dated 27.03.2002 by which, judgment and decree dated 24.08.1992 passed in O.S. No. 621/1989 by Principal Munsiff Court at Dharwad, has been set aside by allowing the appeal and dismissing the suit filed by plaintiffs.

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

(3.) Plaintiff No. 1 is the son of plaintiff No. 2. They filed the suit seeking a declaration that they are the owners of encroached area and they sought possession of said portion with mesne profits. They also sought a direction to the defendants not to proceed with the construction work on the encroached portion shown in C.T.S. map filed along the plaint and a further direction to the respondents to demolish the construction put up therein and hand over vacant possession thereof to the plaintiffs. Future mesne profits were sought from defendants from the date of suit till the recovery of possession of the encroached area.