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HIGH COURT OF KARNATAKA
M.G.S. KAMAL
SRI NAGAPPA NEMACHANDRAPA ONAKUDARI – Appellant
Versus
BABANNA – Respondent


Present appeal filed by the plaintiff being

aggrieved by the judgment and order dated 13.12.2007

passed in R.A.No.31/2006 by the Civil Judge (Sr.Dn.),

Haveri (hereinafter referred to as “the First Appellate

Court” for short) in and by which, the First Appellate Court

allowing the appeal set aside the judgment and decreed

dated 06.02.2006 passed in O.S.No.101/1999 on the file of

Civil Judge (Jr.Dn.) and JMFC, Shiggaon (hereinafter

referred to as “the Trial Court” for short).

The aforesaid suit in O.S.No.101/1999 was filed

by the appellant herein for the relief of declaration

declaring him as the absolute owner in lawful possession

and enjoyment of the suit property having acquired the

same by way of adverse possession and for consequential

relief of permanent injunction against the defendants.

- 4 -

Parties in this appeal are referred to as per

their ranks before the Trial Court for the sake of

convenience.

The subject matter of the suit is house and

backyard bearing VPC.No.20 in block No.1 situated at

Dundashi village in Shiggaon Taluk bounded on : East by

hosue and backyard of Sri Babanna Lobgond, West by

plaintiff’s family property, North by Government Road and

South by House an

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