The

unsuccessful

plaintiffs

are

assailing

the

concurrent findings of the Courts below dated 07.02.2022

in RA No.158/2005 on the file of the II Additional Senior

Division, confirming the judgment and decree dated

10.08.2005 in OS No.687/2001 on the file of the I

Additional Civil Judge, Hubballi.

The parties herein are referred to as per the

ranking before the trial Court for the sake of convenience.

3.

The appellants-plaintiffs filed a suit for possession

in respect of northern portion of the residential premises in

CTS No.3963/B, CTS Ward No.1 measuring 20 X 30 ft. at

Gavali Galli, Bhandiwadbase, Hubli. It is averred in the

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plaint that plaintiff No.1 is the mother of plaintiff No.2 and

they are the absolute owners of the suit schedule property

and they have paid taxes and cesses of suit schedule

property. The defendant has no right, title or interest in

the suit schedule property and has illegally tresspassed

into the suit property and is in unlawful possession of the

same since five years. The plaintiffs demand for the

vacant possession of the suit property from the defendant

has turned futile, in spite of legal notice issued by the

plaintiff and hence, constraine