JUDGMENT :

G. BASAVARAJA, J.

1. The appellant, who was the defendant before the Trial Court, has preferred this appeal against the judgment and decree passed by the Civil Judge and JMFC, Koppal, in O.S.No.104/2013 dated 17.04.2017, which was confirmed by the Senior Civil Judge and CJM, Koppal, in R.A.No.10/2017 dated 15.12.2022.

2. The parties are referred to as per their rank before the Trial Court.

3. Brief facts leading to this appeal are that the plaintiff is the absolute and exclusive owner of the suit land measuring 1.05 acres in Sy No.23/B situate at Budagumpa Village of Koppal Taluka. Originally the land bearing Sy.No.16 measuring 17.38 acres of Budugumpa village was owned and possessed by Sri.Gyanappa S/o Timmappa. Due to passing of Koppal-Gangavathi road, the said land bifurcated into two parts as eastern and western strips. Out of 17.38 acres of land in Sy.No.16, eastern strip measuring 2.10 acres and western strip measuring 14.04 acres and 1.24 acres is covered by the said road. In partition between Gyanappa and his brother Parameshwarappa, each have got 8.39 acres inclusive of road portion out of 17.38 acres. Accordingly, the same was numbered as Sy.No.16/A and Sy. No.16/A