(1.) The appeal is directed against the judgment and decree dated 28.02.2014 in R.A.No.364/2012 passed by the learned II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, wherein appeal came to be dismissed confirming the judgment and decree dated 04.06.2012 passed in O.S.No.1738/2006 by the learned II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru.
(2.) Counsel for the respondent No.1 is absent. In so far as respondent No.2 is concerned she is the contesting defendant No.2 before the trial Court and contesting respondent No.2 before the 1st Appellate Court. However, she has choosen to stay away from the proceeding.
(3.) The suit was originally filed by the appellant- Sri.Muthukrishna Naidu S/o Late P.V.Naidu for declaration of title and permanent injunction in respect of the schedule property stated to be a residential property bearing No.61, III Allotment, 12th Cross (near Penta Coastal Church), Maruthi Badavara Gruha Nirmanakara Seva Sahakara Sangha or Maruthinagar, Yelahanka, Bengaluru 560 064 measuring East to West : 40 feet, North to South : 60 feet together with watchman shed and bounded by: East : Road, West : Site No.62, North : Site No.58, South : Vacant plot belonging to the Society.