KENCHAWWA Vs. KARENAHALLI SANNAMANI BANAKAR KARIBASAPPA

JUDGEMENT

(1.) The plaintiffs in O.S.Nos.190 & 191/2001 and defendants in OS.No.176/2001 on the file of Civil Judge (Jr.Dn), Harapanahalli are before this Court impugning the divergent finding rendered in R.A.Nos.34 to 36/2005 on the file of CJ (Sr.Dn), Harihara.

(2.) These three appeals are with reference to three immovable landed properties which are bearing 1) Sy.No.313-C measuring 49 cents 2) Sy.No.314-B measuring 2 acres 17 cents and 3) Sy.No.292 measuring 3 acres 61 cents of Mathihalli village, Harapanahalli Taluk, Davangere District.

(3.) With reference to these three properties, three suits are filed. The first one is in O.S.No.176/2001 filed by plaintiff Karenahalli Sannamani Banakar Karibasappa (hereinafter referred to as 'Karibasappa' for short) on the file of Civil Judge (Jr.Dn.) Harapanahalli for the relief of declaration of ownership over the aforesaid three properties, for the relief of permanent injunction and peaceful possession and enjoyment of suit schedule items 1 to 3, for awarding cost of the suit and other consequential reliefs. The said suit was filed on 30.10.2001 against three defendants. The first defendant is Mathihalli Kerenalli Ramanagoud (hereinafter referred to as 'Ramanagouda' for short), second defendant is Kerenalli Banakar Kenchamma, W/o Ramappa (hereinafter referred to as 'Kenchamma' for short) and third defendant Kerenalli Banakar Manjappa, S/o Ramappa (hereinafter referred to as 'Manjappa' for short). It is also required to be clarified that defendants 2 and 3 are mother and son.