RUDRAWWA Vs. RUDRAPPA

JUDGEMENT

(1.) The present appeal is preferred by the plaintiffs No.1 and 4/appellants being aggrieved by the judgment and decree passed by Senior Civil Judge, Bilagi, in R.A.No.27/2011 dated 03.11.2012 whereunder the said first Appellate Court has confirmed the judgment and decree passed by Civil Judge, Bilagi in O.S.No.61/2006 dated 31.03.2011.

(2.) I have heard Sri Sangram S. Kulkarni, learned counsel appearing on behalf of Sri V.P.Kulkarni, for the appellants and Sri Santosh B.Mane, learned counsel for respondent No.1. Though notice is served to respondent No.2, she has remained absent. There is no representation.

(3.) The brief facts of the case as averred by the plaintiffs/appellants before the Court below are that plaintiffs are the owners and in possession of house property bearing VPC No.222 as shown in the hand sketch map with alphabets ABCDEF and the defendant are the owners of the house property bearing No.221 as shown in the sketch at AGHI. It is further contended that earlier both the properties were belonging to their ancestors and subsequently there was partition and they are independently making vahivat of the said property. It is further submitted that ABEF is a open space covered with wall and it is used for the purpose of tying the cattle and keeping the agricultural implements by the plaintiffs and the defendant are not having any interest and rights over the said properties. It is further stated that earlier O.S.No.106/2000 was filed and the said suit was dismissed and now the present suit has been filed for declaration and injunction. On these grounds, he prayed to allow the suit.