JUDGMENT (COMMON)

The plaintiff is before this Court being aggrieved by the judgment and decree dated 20.01.2020 passed in OS No.335 of 2012 on the file of the learned Principal Civil Judge and JMFC, Srirangapatna (hereinafter referred to as ‘the Trial Court’ for brevity), dismissing the suit filed by him for declaration and for permanent injunction, which was confirmed by the judgment and decree dated 29.09.2021 passed in RA No.9 of 2020 on the file of the learned Principal Senior Civil Judge and JMFC, Srirangapatna (hereinafter referred to as ‘the First Appellate Court for brevity).

2. Being aggrieved by the observations made while answering issue Nos.1 to 3 by the Trial Court, defendant No.1 filed cross-objection before the First Appellate Court, which came to be dismissed and therefore, he has preferred RSA No.229 of 2022 against the plaintiff.

3. For the sake of convenience, parties are referred to as per their status and rank before the Trial Court.

4. Brief facts of the case are that, the plaintiff filed OS No.335 of 2012 before the Trial Court against defendant Nos.1 and 2 seeking correction of the survey number, which was wrongly mentioned as 372/1 instead of mentioning as