CAV JUDGMENT

(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

This appeal by the defendants seeks to call in question the judgment & decree dated 11.02.2022 whereby, respondent-plaintiff’s title suit in O.S.No.448/2015 has been favoured. The decree reads as under:

“The suit of the plaintiff is decreed with costs.

It is declared that the plaintiff is the absolute owner, in lawful possession of the suit schedule property as on the date of suit.

The defendants are restrained from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule property by way of permanent injunction.

The sale deed dated:19.08.2015 (Ex.D.10) executed by the defendant No.1 in favour of the defendant No.2 is not binding upon plaintiff.

The revenue entries of suit schedule property effected on the basis of sale deed 19.08.2015 executed by defendant No.1 in favour of defendant No.2 shall be cancelled and that entry shall be made in name of plaintiff.”

II. BRIEF FACTS OF THE CASE AS PUT FORTH BY THE PARTIES:

(a) Respondent (hereafter ‘plaintiff’) had filed the subject suit inter alia for a decree of declaration & injunction. Suit land admeasures 01A-09G in Sy.No.7/1 at Tumakuru, Amanikere, Kasaba Hob