MARIYAMMA D/O LATE MALLEGOWDA Vs. SHIVANNE GOWDA

JUDGEMENT

(1.) The unsuccessful plaintiff before the Lower Appellate Court has filed the present writ petitions against the order dated 8th December, 2016 made in M.A.No.7/2016 on the file of the Senior Civil Judge and JMFC, Periyapatna allowing the miscellaneous appeal and setting aside the order dated 12.2.2016 passed on I.As.I and II made in O.S.No.41/2016 on the file of the Civil Judge and JMFC., Periyapatna.

(2.) It is the case of the petitioner-plaintiff that she filed suit for declaration and permanent injunction against the defendants in respect of the suit schedule property on the ground that she is the absolute owner and in possession of the suit schedule property which originally belonged to her father; that she is the only daughter of the said Mallegowda & Mallaiah. After her father's death, she continued to be in possession and enjoyment of the suit schedule property. Her father Mallegowda @ Mallaiah executed the Settlement Deed in her favour in respect of the suit schedule property and other properties on 20.11974 and hence, she is in peaceful possession and enjoyment of the suit property from the date of Settlement Deed till today as lawful owner. Therefore, she filed a suit for the relief sought for.

(3.) The defendants filed their written statement denying the plaint averments and contended that the very suit filed by the plaintiff is not maintainable and hence sought for dismissal of the suit.