K.MUNISWAMAPPA Vs. H.PARVATHAMMA

JUDGEMENT

(1.) Appeal is directed against the Judgment and decree dated 22.12.2006 passed in O.S.No.5539/99 wherein suit filed for declaration and permanent. injunction came to be partly decreed. Being aggrieved by the said Judgment and decree the defendants have come up in appeal.

(2.) In order to avoid confusion and overlapping, parties are referred to as per their rankings before the trial court.

(3.) The brief facts leading to the legal proceedings are that; plaintiff is the absolute owner in peaceful possession and enjoyment of the property bearing No.7, Khatha No.98/49 situate at Puttenhalli- Uttarahalli Hobli, within the village limits of Sarakki Grama Panchayath, Bengaluru South Taluk, Bengaluru. He further claims that the entire suit schedule property originally belonged to defendants and on 19.12.98 a registered sale deed was executed by defendants through their power of attorney holders in favour of the plaintiff selling schedule property measuring East to West by 30 feet and North to South 50 feet and that plaintiff since the said date is enjoying possession and ownership of the property. It is stated in registered sale deed that there exists a road having a width of 24 feet. It is serving as approach road from the main road which is known as Puttenahally-Kothnur Main Road to reach the schedule property and other abutting properties as well.