CHANDRASHEKHAR Vs. SHANTAWWA

JUDGEMENT

(1.) Though there is a delay of 189 days in filing the second appeal, I have nevertheless, heard learned counsel for the appellant on merits of the matter.

(2.) The plaintiff is the appellant in this second appeal. Plaintiff filed the suit bearing O.S. No.382/1990 before the Court of Prl. Civil Judge (Jr.Dn.) at Bijapur, seeking relief of declaration, declaring that the encroachment shown in PT sheet 1984 with regard to land measuring seven guntas belongs to plaintiff and further declaration, in the alternative, that the plaintiff has become owner of suit land (seven guntas) by adverse possession and for the relief of permanent injunction against the defendants. By judgment dated 20.01.2004, the suit was dismissed. Being aggrieved by the dismissal of the suit, plaintiff preferred R.A. No.24/2004 before the I Addl. Civil Judge (Sr.Dn.), at Bijapur. The regular appeal was also dismissed by the first appellate Court. Hence, this second appeal.

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