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ASHOK S.KINAGI
Hulugappa – Appellant
Versus
Dundappa – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Sri B. Sharanabasawa, Advocate
For the Respondent Nos.1 and 2:Sri Sabeel Ahmed, Advocate for Sri A.S. Patil, Advocate

JUDGMENT

Ashok S. Kinagi, J.—This appeal is filed by the plaintiffs challenging the judgment and decree dated 01.02.2014 in O.S.No.23/2010 passed by the Civil Judge & J.M.F.C., Yelburga, and the judgment and decree dated 12.06.2017 passed by the Senior Civil Judge and J.M.F.C., Yalburga in R.A.No.5/2014.

2. The facts of the case of the plaintiffs that the plaintiffs are the owners in possession of land bearing Sy.Nos.203 measuring 16 acres 9 guntas and land bearing Sy.No.205/2 measuring 10 acres 6 guntas. The said lands were earlier owned and possessed by their propositus namely Hanumappa and after the demise of their ancestors, they succeeded to the said lands. The plaintiff No.1 is the grandson of deceased Hanumappa and plaintiffs No.2 to 4 are his uncles. Further it is contended by the plaintiffs that father of the defendants namely Shekharappa filed an injunction suit before the Munsiff Court, Yalburga in O.S.No.269/1/66 pertaining to land Sy.No.203 only to the extent of 2 acres out of 16 acres 9 guntas. The said suit filed by the father of the defendants was decreed and accordingly the name of the father of the defendants was mutated by M.E.No.39/1966-67 pertaining to 2 acres

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