THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, IS PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE IN RA NO. 47/2009 DATED 19.02.2014 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC RAIBAG AND THE JUDGMENT AND DECREE IN O.S. NO. 220/2004 PASSED BY THE ADDITIONAL CIVIL JUDGE (JR. DN) RAIBAG AND TO DISMISS THE SUIT BEARING O.S. NO. 220/2004 IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 21.04.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING:

CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

This is the appeal filed under Section 100 CPC, praying for setting aside the judgment and decree dated 19.02.2014 in RA No.47/2009 on the file of Senior Civil Judge and JMFC, Raibag (for short ‘First Appellate Court’) and the judgment and decree dated 06.07.2009 in OS No. 220/2004 on the file of Addl. Civil Judge (Jr. Dvn.) Raibag (for short ‘trial Court’) and to dismiss the suit of plaintiff.

2. Parties would be referred with their ranks, as they were before trial Court for sake of convenience and clarity.

3. Plaintiffs have filed the suit praying for the relief of possession in respect of encroached portion of 16 guntas in Re. Sy.No.556 shown with letter ‘A’ and encroached portion of 4 acres 14 guntas in Re-survey No.557 shown with letter ’B’ in P.T. sheet from the defendants; for Court costs and for such other reliefs.

4. The case of plaintiffs before trial Court in nutshell is that the land bearing Re.Sy.No.558 of Raibag is in the ownership of Shivaji Park Tenant Co-operative Farming Society, Raibag. Plaintiff No. 1 and father of plaintiff No. 2 to 6 were members of the said society and as such said society has granted lands to plaintiffs on permanent basis and thus plaintiffs are in possession and enjoyment of said property since from the date of grant. Plaintiff No.1 is the owner of Re.Sy. No.558, measuring 8 acres 15 guntas and plaintiff Nos.2 to 5 are the owners of re-survey No. 558/2 measuring 8 acres 16 guntas. Defendant Nos.1 to 4 are owners of re-survey No.557/B measuring 4 acres 20 guntas of Raibag and defendant Nos.5 and 6 are neighboring owners. Plaintiffs have given an application to ADLR Chikodi for measurement of their lands. Then, ADLR Chikodi at KBC/MR-122/2000-1 dated 24.01.2001 has conducted the survey and fixed the boundaries. At the time of measurement, defendants objected to it and even police officials were present. After conducting the measurement, ADLR, Chikodi submitted P.T. sheet extract. The description of encroached portion is shown with letters ‘A’ and ‘B’ in PT Sheet, which is in possession of defendants.

5. Defendant after service of summons has appeared through his counsel and filed his written statement, wherein he has taken contention that the suit is not maintainable in present form. The dispute in present case is in respect of boundaries. As per Section 161 of the Land Revenue Act, 1964, the Civil Court has no jurisdiction to entertain the suit. He denied all other averments made in the plaint and further contended that defendant No.2 has filed OS No.172/2002 for declaration that he is the owner of Re. Sy. No.558, measuring 5 acres situated at Raibag. Originally, the suit schedule property belonged to the Government and Government allotted Re.Sy.No.558 of Raibag in favour of Shivaji Park Tenant Co-operative Farming Society, Raibag. The said society in turn has allotted Re.Sy.No.558 to defendant No.2 and the plaintiffs. After such grant, name of defendant No.2 was entered into record of rights. Since, from the date of allotment, defendant No.2 was in possession of Re.Sy.No.558 measuring 5 acres as per the allotment of the society. He has given application to Village Accountant on 11.08.1995, based on it, M.E. No. 5893 of Raibag was certified in his name as per Order dated 30.09.1995. After getting such grant, defendant No.2 dug bore well in his land allotted by the society and installed I