MIDDIKONDAPPA Vs. BODIRAMAPPA

JUDGEMENT

(1.) THE present second appeal has been filed by the appellant-plaintiff against the respondent-defendant challenging the judgment and decree dated 5-12-1990 passed by the Civil judge, Chickaballapur, in R. A. No. 26 of 1990, dismissing the appeal and modifying the judgment and decree dated 26-6-1990 passed by the Munsiff, Bagepalli, in Original Suit No. 13 of 1987.

(2.) THE appellant-plaintiff filed the suit against the respondent-defendant praying for declaration that the plaintiff was entitled to the entire suit property measuring about 8 acres (there is a little discrepancy regarding the extent of the suit property, but there is no dispute regarding the identity of the suit schedule property ). The plaintiff further prayed for permanent injunction to restrain the defendant from interfering with plaintiffs peaceful possession of the suit property. The learned Munsiff partly decreed the suit regarding declaration (about half the suit property measuring 4 acres 6 guntas ). The learned Munsiff dismissed the suit in respect of the prayer of permanent injunction made by the plaintiff.

(3.) AGGRIEVED by the above partial decree granted to the plaintiff, the plaintiff preferred appeal before the Civil Judge which, as I have already stated, was dismissed by the Civil judge, modifying the judgment and decree passed by the Trial court;