CAV JUDGMENT

Challenging judgment and decree dated 05.07.2025 passed by VII Additional District and Sessions Judge, Mysuru, (Sitting at Hunsur), in R.A.no.190/2022 and judgment and decree dated 28.02.2022 passed by Additional Senior Civil Judge and J.M.F.C., Hunsur, in OS no.51/2018, this appeal is filed.

2. Though matter was listed for admission, since records were received and both learned counsel consented for final disposal of appeal on substantial question of law proposed, matter was heard affording opportunity to both counsel.

3. Sri G. Balakrishna Shastry, learned counsel for appellant submitted that appeal was by plaintiff in OS no.51/2018 filed seeking for declaration of plaintiff as absolute owner and for permanent injunction restraining defendant from interfering with plaintiff’s possession and enjoyment of dry land bearing Sy.no.169/1 measuring 02 Acres 22 guntas out of 03 Acres 28 guntas of Maradur village, Kasaba Hobli, Hunsur Taluk (‘Suit Property’, for short).

4. In plaint, it was stated that one Sannaiah @ Kengaiah of Somanahalli left behind two sons by name Javaraiah and Purle Javaraiah, who had also since died. It was stated late Javaraiah left behind three children