YAJAMAN GOWRAIAH Vs. N V S SHIVARAM

JUDGEMENT

(1.) THIS is an unfortunate litigation is which the parties are litigating for the last four decades.

(2.) THIS second appeal by the LR of the original defendant No. 4 in OS no. 186/1989 on the file of the then Munsiff at Gowribidanur, is directed against the judgment and decree dated 7. 8. 2000 passed by Civil Judge (Senior Division), and JMFC, Chikkaballapur, in RA No. 13/1994 whereby the Lower Appellate Court has set aside the judgment and decree passed by the Trial Court in OS No. 186/1989 dismissing the said suit and in reversal of the said judgment, decreed the suit of the plaintiffs for the relief of declaration and for possession of the property described in schedule to the plaint. The subject matter of the suit is the land bearing Sy. Nos. 14 and 15 of Mittenahalli Village, Gowribidanur, measuring 17 acres 20 guntas.

(3.) THE respondents however the plaintiffs in the Trial Court. The original plaintiff No. 1 Sri N. V. Shivaram appears to have died after the judgment by the Trial Court and before the filing of the appeal before the lower Appellate Court. The respondents 7 to 10 were defendants No. 1 to 3 and 5 respectively in the trial Court.