ORAL JUDGMENT

Challenging judgment and decree dated 15.01.2023 passed by Addl. District Judge, Chikkamagalur, in R.A.no.21/2007 and judgment and decree dated 22.02.2007 passed by Civil Judge (Sr.Dn.) & Prl. JMFC., Tarikere, in O.S.no.108/2005, this appeal is filed.

2. Brief facts as stated are that, O.S.no.108/2005 was filed by plaintiff seeking for declaration. In plaint, it was stated he was owner in possession and enjoyment of suit properties named in schedule which were ancestral properties belonging to one Maheshwarappa son of Rudrappa. In family partition, they were allotted to share of plaintiff and his name mutated in revenue records. It was further stated during time of Maheshwarappa, there were objections about encroachment of tank-bed area of Kammaranakatte in Sy.no.14 of Duglapura. Defendant no.1 i.e., Tahsildar, Tarikere taluk had ordered eviction from encroached area. Said order was challenged before Assistant Commissioner in R.A.no.29/87-88. Appeal was dismissed, but questioned before Deputy Commissioner, Chikkamagaluru, in RA no.24/88-89 which was allowed by remanding matter back to Assistant Commissioner with directions. Thereafter Assistant Commissioner once again