MANJUNATH Vs. NINGAVVA

JUDGEMENT

(1.) Defendant No.95 in O.S.No.35/2016, being aggrieved by the order dated 28.9.2018, passed on I.A.No.4, by the Senior civil Judge and JMFC, Hungund, has filed this civil revision petition.

(2.) The brief facts of the case are that, the plaintiffs No.1 to 7 filed O.S.No.35/2016 before the trial Court seeking the rel ief of declaration that the plaintiffs are the absolute owners of the suit schedule properties and to declare the resolution dated 10.12.2008 passed by the defendant No.103 as il legal and to restrain the defendants from interfering with the peaceful possession and enjoyment of the suit schedule properties by the plaintiffs, by way of permanent injunction.

(3.) The plaintif fs have averred in the plaint that they have succeeded to the suit schedule properties in R.S.No.80 of Aihole vi llage, wherein plots are formed. It is alleged by the plainti ffs that the defendants without having any right, title and interest over the suit properties, on the basis of the resolution passed by defendant No.103, defendants No.21, 38 and 102 have got created the documents and hence the plainti ffs published a notice in Vijaya Karnataka daily newspaper dated 23.1.2013 and clarif ication dated 19.2.2013. The plaintiffs have further stated that they got issued statutory notice to defendants No.103 and 104 which was served on them on 15.3.2013 and the cause of action for f il ing the suit arose after expiry of two months from the date of service of notice.