THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 13.03.2023 PASSED IN R.A.NO.18/2020 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA AND THE JUDGMENT AND DECREE DATED 28.01.2020 PASSED IN O.S.NO.299/2006 BY II ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

This appeal is filed by defendant Nos.1 and 2 challenging the judgment and decree dated 13.03.2023 passed in R.A.No.18/2020 by the Additional Senior Civil Judge and JMFC, Nelamangala (for short, 'the first Appellate Court'), which has affirmed the judgment and decree dated 28.01.2020 passed in O.S.No.299/2006 by II Additional Civil Judge and JMFC, Nelamangala (for short, 'the trial Court').

2. Parties to the proceedings shall be referred to as per their status before the trial Court.

3. Appellant Nos.1 and 2 are defendant Nos.1 and 2 before the trial Court; respondent No.1 is the plaintiff; respondent No.2 is defendant No.3 and respondent No.3 is impleaded in the present appeal, who is none other than the subsequent purchaser from respondent No.1-plaintiff.

4. Brief facts of the case are as under:

The plaintiff is the absolute owner of item Nos.1 and2 of the suit schedule property bearing Sy.Nos.132/1 and 132/1, totally measuring 1-00 acre situated at Hale Nijagal Village, Sompura Hobli, Nelamangala Taluk. The plaintiff stated that the property bearing Sy.No.132/1 totally measuring 7 acres of Hale Nijagal Village originally belongs to one Gangamma, W/o.Late Huchappa. After the death of her husband, Marithimmaiah, who is the brother of Late Huchappa was looking after Gangamma as she was issueless. When such being the case, the said Gangamma bequeathed all her properties including Sy.No.132 to Marithimmaiah under a registered Will dated 03.01.1989. After the death of the said Gangamma, Marithimmaiah became the absolute owner of the said property bearing Sy.No.132/1 measuring total extent of 7-00 acres of Hale Nijagal Village. When things stood thus, the said Marithimmaiah gifted 20-00 guntas of land in Sy.No.132/1 to his daughter, who is defendant No.3 by way of a gift deed dated 09.08.1995. Thereafter, defendant No.3 sold the property, which she got under the gift deed from her father, to the plaintiff by way of a registered sale deed dated 27.08.1996. The said Marithimmaiah had sold another portion of 0-20 guntas of land in Sy.No.132/1 in favour of the plaintiff by way of a registered sale deed dated 17.07.1997.

4.1 It is stated that after purchase of the land, the said survey number in item Nos.1 and 2 of the suit schedule property was re-numbered as Sy.Nos.132/21 and 132/22 respectively and the RTC extracts in respect of the said item Nos.1 and 2 of the suit schedule property have been changed in the name of the plaintiff. When such being the case, the defendants, who have no manner of right, title or interest over the suit schedule property, started unnecessarily interfering with the peaceful possession and enjoyment of the plaintiff over item Nos.1 and 2 of the suit schedule property. Hence, left with no alternative, the plaintiff filed a suit for permanent injunction against the defendants.

4.2 Upon summons being served, the defendants appeared before the trial Court. Defendant No.1 filed his written statement. However, the other defendants did not prefer to file the written statement. Several contentions were taken by defendant No.1 in his written statement including denial of the ownership of the plaintiff over the suit schedule property and that the plaintiff did not get any right, title or interest over the suit schedule property and that Sy.No.132/1 does not exist to the extent mentioned by the plaintiff in the schedule. It is also stated that the plaintiff has filed a false and frivolous suit, despite t