RANGASHETTY Vs. LAKSHMAMMA

JUDGEMENT

(1.) The unsuccessful plaintiffs in on the file of Civil Judge (Sr.Dn), Hassan, have come up in this second appeal impugning the concurrent findings of both the courts below in dismissing their suit for the relief of declaration and permanent injunction against defendant Nos.1 to 8 from interfering with their alleged peaceful possession and enjoyment of the suit schedule site.

(2.) Brief facts leading to this second appeal are as under:

(3.) It is seen that for the first time in the year 1976 the plaintiff filed a suit against one Lakshmaiahsetty and another Rangasetty, both sons of one K.L.Nanjundasetty for the relief of declaration in his favour contending that they are not the owners of suit schedule site. In the said proceedings, the Municipality of Hassan through whom the plaintiff was claiming title to the site was not made as a party. Subsequently, by filing an application in IA.5 under Order 23 Rule 2 of CPC the plaintiff withdrew the said suit with liberty to file a comprehensive suit. Accordingly, the suit in OS.No.265/1976 came to be dismissed as withdrawn by order dated 26.11.1977 reserving him liberty to file a fresh suit. It is seen that though he withdrew the said suit for declaration on 26.11.1977, fresh suit in for the relief of declaration of title and permanent injunction was filed by him only on 23.11.1989.