KASAPPA S/O MANGENI TERADAL Vs. AJEETLABIC

JUDGEMENT

(1.) This appeal is filed by the appellant/plaintiff challenging the order dated 02.01.2015 passed by the I Additional Senior Civil Judge at Vijayapur on I.A.No.X in O.S.No.50/2009, whereunder trial Court has allowed the application filed under order VII Rule 11 (D) of CPC and has rejected the plaint.

(2.) The case of the appellant is that, the land bearing Sy.No.132/1+2 measuring 18 acres 11 gutnas of Nidoni Village originally belonged to Smt.Padmavati Kulkarni and she was not cultivating the suit land. Hence, appellant-plaintiff had cultivated the suit land from 30.11.1955 till filing of the suit. Further case of the appellant-plaintiff that, he has been in peaceful, continuous and uninterrupted possession of the suit land to the knowledge of defendants and Smt.Padmavati Kulkarni. He has perfected his title over the suit land by adverse possession. The defendants-respondents or their predecessor-in-title have knowledge of cultivation of suit land by the appellant-plaintiff and they never objected the possession of the suit land being with plaintiff. Thus, appellant-plaintiff has become owner of the suit land. On demise of Smt.Padmavati Kulkarni, the respondents-defendants taking undue advantage of their names appearing in the record of rights, tried to create third party interest in the suit land. Since, appellant-plaintiff has perfected his title over the suit land by adverse possession, appellant-plaintiff sought for declaration and permanent injunction.

(3.) On service of notice respondents-defendants appeared through their advocate and filed their written statement denying plaint averments and contended that they are the absolute owners of the suit land.