ORAL JUDGMENT

The petitioner being the plaintiff in OS.No.184/1992 on the file of the learned Munsiff and JMFC, K.R.Nagar (hereinafter referred to as 'the Trial Court') is impugning the judgment and decree dated 06.06.2009 passed in RA No.22/2007 on the file of the learned Civil Judge (Sr.Dn.) and JMFC, K.R.Nagar, (hereinafter referred to as the First Appellate Court) where under, the appeal was allowed, and the judgment and decree dated 09.08.1996 passed by the Trial Court was set-aside and consequently, the suit in OS.No.184/1992 filed by the appellant for declaration of his title and for permanent injunction was dismissed.

2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.

3. The facts of the case in brief are that, the plaintiff filed the suit in OS.No.184/1992 against the defendant before the Trial Court contending that, the suit schedule property i.e., the mangalore tiled house is situated in Gandhanahalli, measuring 26 by 40 feet with vacant site measuring 9 by 15 feet. Khata No.162, assessment No.214 with the boundaries mentioned therein originally belonged to one Poojari Chikkegowda, the grandfather of the pla