JUDGMENT :

V. Srishananda, J.

Heard Sri G.S. Venkat Subbarao, learned counsel for the appellant and Sri Harish H.V., learned counsel for respondent No.1.

2. Defendant No.1 is in appeal challenging the Judgment passed in R.A.No.3/2009 dated 08th February 2019 on the file of the Prl. Senior Civil Judge and JMFC, Madhugiri, setting aside the judgment and decree dismissing the suit in O.S.No.96/2000 dated 22nd November 2008 on the file of the Civil Judge (Jr.Dn.) and JMFC, Koratagere, filed by the respondent No.1 herein.

3. Facts in brief which are utmost necessary for disposal of the appeal are as under:

Plaintiff filed a suit in O.S.No.96/2000 for the relief of declaration declaring that she is the owner of the immovable property which is a site situated in Kumbara Street, Koratagere Town, bearing Koratagere Pattana Panchayath Khatha No.1623/1465, measuring 30 ft. x 40 ft. bounded on the East by Road, West by Site of G.S.Lingappa, North by House of Chandrahasa and South by road.

4. Plaintiff further claimed that Appaiahanna is the grand-father of the plaintiff and he had only daughter by name Gangamma who is the mother of the plaintiff. According to plaintiff, suit property belonged to App