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2021 Supreme(Kar) 920

HANCHATE SANJEEV KUMAR
Ambasa Peetambarsa – Appellant
Versus
Executive Engineer – Respondent


Advocates Appeared:
R. Ravindra Naik, Advocate, Bharati G. Bhat, Advocate

JUDGMENT :

1. The present appeal is filed by the plaintiffs under Sec. 100 of the Code of Civil Procedure, 1908 ("CPC" for short) challenging the judgment and decree passed in R.A.No.35/2007 dtd. 1/6/2012 by the Court of the Senior Civil Judge, Ron ("the First Appellate Court" for short), which confirmed the judgment and decree passed in O.S.No.228/1997 dtd. 30/8/2007 by the Court of the Civil Judge (Jr.Dn.), Ron ("the Trial Court" for short).

2. Brief facts of the case are as follows: It is contending that the appellants-plaintiffs are the owners of land bearing R.S.No.287/2B+2A/1, measuring 1 acre 25 guntas situated within the limits of Unachageri village of Ron Taluk.

3. It is stated that respondent Nos.1 and 2- defendant Nos.1 and 2 have constructed the Inspection Bungalow on the suit land, without there being any acquisition of the said land. Therefore, the appellants-plaintiffs are contending that the construction of Inspection Bungalow on the suit land is illegal and amounts to encroach upon the property of the appellants-plaintiffs. Therefore, with these contentions the appellants-plaintiffs have filed the suit seeking for declaration and possession.

4. The Trial Court on cons

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