_ AVAED
” V }$;.’1j~m5:§IAPPA S,'() VENKATAPPA
_ 2. ” -VZKRESHNAPPA s/0 VENKATAPPA
V VENKATESHAPPA s/0 VENKATAPPA
1
IN THE HIGH COURT OF’ KARNATAKA AT BANGALORE
Dated: ‘This the 15*” day of September 2008_…__
BEFORE ” _
TI-IE HOWBLE MRJUSTECE v.JAGANNA’;~*i-zgzg. ”
REGULAR SECONQ APPEAL No.I7tSVg1;3:()Of§[wV: “‘
BETWEEN :
1 EODDA BYRAPPA ‘
SM’) C MUNEHANUMAPPA.
AGED ABOUT 6;5″‘YEA’RS,._ V
R] AT BYRANDAHALLP A}
VEMAGAL HOBLL ‘- ‘
TQ: KOI;AR__563 1f)1.~. ;
2 CHIKKA BfY_RAPP.’\_ .. _. .
S/0 C_M:.JNIi–aANH.r«tAPPA
A§}ED.VA’f31’3,UT 54 YEARS, V E
V”‘R/AT..BYRAI£§DAr1ALL1 _
x.VEMAGA1″‘HOBL1z “”–« ‘
‘TQ: KCJLAR ::a$3 1_(}-3′,
APPELLANTS
(3; say; M iéAM,’ Bf~1A’f,. SR. COUNSEL)
39 YEARS
AGED ABOUT 55 YEARS
AGED ABOUT’ 53 YEARS,
4. UTHANALLAPPA S] O VENKATAPPA
AGED ABOUT 49 YEARS,
4. The defendants contested the said
taking up the plea that the property of the _
measures 70 feet north-south and ”
than 30 feet and the
boundaries, tried to 1(11oc.i{-._of v
to the defendants and as eneiosed to
the plaint is ixacorno Qtandme plaintiffs is
liable to be ‘
5. er the parties led the
as five issues and the
evidence on into consideration and
ont;t1’1e.basis o_Vf’thed’api3reciation of the same, learned
” the issues I and 3 in favour of
I by holding that the plaintiffs have
established possession and enjoyment of the suit
he and so also issue no.4 was answered in
“”v.VVfs.vour of the piainfiifs by holding that they are
t V’ ” “tentsitied for’ the permanent injunction as sought for
and the suit ef the plaintiffs was partly decreed
holding that the plaintifis were declared as the
3.4
3
the plaintifis house property, measures 8 X 8 yards
and therefore taking note of the aforesaid stand taken
by the defendants father, the trial court .4
case of the piaintifis in so far as house
concerned, for the purpose of V
declaration. But, howeVet,”‘-esi’ site
towards north of the the
trial court injunction.
Secondly, the course of
its specific stand of
the open space
feet x 24 feet) and it has
alse’ thelltwo suits earlier filed wherein the
” Eeitell ef the defendants was in questien and in
and R.A.190/75 the defendants were
foi3nd.«__”te’:l}nve taken the stand that their property
nE!3eae1″‘:”red’.. 24 x 24 feet. In the light of the epecfi 30
l taken by the defendants father in the earlier
l V’ ” “suits and there being no evidence placed by the
defendants to ShOW that the findings recorded in the
aforementioned suit O.S.No.278/74 and R.A.190/75
%
N’
A. …..
having been questioned by the defendants
furthertfthe evidence on the Whole has %
courts below to decree the stlit of the _
relief of declaration in so .i§ :’
concerned and injunctionof L.
lying to the north cf the
Far the: said ‘4’réa$dn.,§5, ::’I substantial
quesfion of {appeal and it is
Sd/~
Judge