THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 5.11.2012 PASSED IN R.A.NO.36/2009 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & JMFC., SAGAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 3.6.2009 PASSED IN OS.NO.211/1999 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) SAGAR.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

1. This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 05.11.2012 passed in R.A.No.36 of 2009 by the Additional Senior Civil Judge and JMFC, Sagar (for short ‘the first appellate Court’), and the judgment and decree passed in O.S.No.211 of 1999 dated 03.06.2009 by the learned Additional Civil Judge, (Jr. Dn.), Sagar (for short ‘the trial Court’).

2. For convenience, the parties are referred to as per their ranking before the trial Court. The appellant was the plaintiff and respondents were the defendants.

3. Brief facts, leading rise to the filing of this appeal are as follows:

4. The plaintiff filed a suit for declaration and permanent injunction declaring that the plaintiff is the abso