ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH)

This appeal is filed by the plaintiffs challenging the judgment and decree dated 29.08.2018 in R.A.No.11/2014 on the file of the Additional Senior Civil Judge and JMFC, Jamakhandi (for short “the First Appellate Court”) dismissing the appeal and confirming the judgment and decree dated 22.01.2014 on the file of the Principal Civil Judge and JMFC, Jamakhandi (for short “the Trial Court”).

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

3. It is the case of the plaintiff that the plaintiff is the owner in possession of the land bearing Survey No.247/1 measuring 5 Acres 39 Guntas and land bearing Survey No.247/2 measuring 6 Acres of Bidari village and the defendants are the owners of the land bearing Survey No.248/1 measuring 11 Acres 2 Guntas of Bidari village. It is the case of the plaintiffs that after purchasing the schedule properties, the plaintiff got surveyed the schedule property and came to know that the defendants have encroached an extent of 18 Guntas of land bearing Survey No. 247/2 towards southern side. Hence, the plaintiff has filed O.S.No.85/2011 seeking relief