CHANDRAKANTH GURUPADAPPA PATIL Vs. VIJAYABAI MAHARUDRAPPA KANNURE

JUDGEMENT

(1.) This appeal is by the plaintiff under section 100 of CPC being aggrieved by the judgment and decree dated 31.01.2009 passed in OS No. 28/2007 by the Civil Judge (J.D) and JMFC at Basavakalyan insofar as rejection of suit in respect of Sy. No. 37/7 and judgment passed in RA No.276/2010 dated 04.02.2011 by the Dist. Judge Ad hoc and Presiding Officer, Fast Track Court at Basavakalyan.

(2.) Even though the appeal is listed for admission, with the consent of learned counsel appearing for both the parties, it is taken up for final disposal. The parties would be referred to as they stand in the suit.

(3.) The plaintiff filed suit for permanent injunction in respect of Sy.No. 37/6 measuring 26 guntas and Sy.No.37/7 measuring 26 guntas of Janawad village, Basavakalyan Taluk. The plaintiff in his suit averred that his father Gurpadappa Patil purchased the suit lands from Sidramappa S/o Bapurao and Chidamber S/o Bapurao in the year 1971. After the death of the father, the plaintiff has become owner and is in possession and enjoyment of the suit lands.