SHAHAJAJI Vs. ASHWATHANARAYAN

JUDGEMENT

(1.) This Regular second Appeal by the plaintiff challenges the judgment and decree dated 26.03.3010 entered by the learned Fast Track Judge at Devanahalli, in R.A. No.22/2009 confirming the Judgment and Decree dated 26.03.2009 whereby the learned Principal Civil Judge (Jr.Dn.) at Devanahalli, decreed her suit in O.S.No.335/2005 partly.

(2.) The appellant had filed a civil suit in O.S.No.335/2005 seeking a decree for declaration of title, injunction and for mandatory injunction in respect of suit schedule property. The respondent having entered appearance had resisted the suit by filing the Written Statement. On the basis of pleadings of the parties and other material, the learned trial judge had framed five issues as under:

(3.) To prove the suit claim, the appellant got herself examined as PW1 and got marked as many as 27 documents as Exs. P1 to P27, which, inter alia, comprised of Hakku Pathra, Tax Paid Receipts and Widow's Pension Card. From the side of the respondent, none was examined as a witness nor any document was got marked. The learned trial judge vide Judgment and Decree dated 26.03.2009 decreed the suit in part. The operative portion of the order reads as under: