Karnataka High Court
Dodda Byrappa vs V Anjanappa S/O Venkatappa on 15 September, 2008
Author: V.Jagannathan
Bench: V.Jagannathan
_ AVAED " V }$;.'1j~m5:§IAPPA S,'() VENKATAPPA _ 2. " -VZKRESHNAPPA s/0 VENKATAPPA V VENKATESHAPPA s/0 VENKATAPPA 1 IN THE HIGH COURT OF' KARNATAKA AT BANGALORE Dated: 'This the 15*" day of September 2008_...__ BEFORE " _ TI-IE HOWBLE MRJUSTECE v.JAGANNA';~*i-zgzg. "
REGULAR SECONQ APPEAL No.I7tSVg1;3:()Of§[wV: "' BETWEEN :
1 EODDA BYRAPPA ' SM') C MUNEHANUMAPPA.
AGED ABOUT 6;5"'YEA'RS,._ V R] AT BYRANDAHALLP A} VEMAGAL HOBLL '- ' TQ: KOI;AR__563 1f)1.~. ;
2 CHIKKA BfY_RAPP.'\_ .. _. . S/0 C_M:.JNIi--aANH.r«tAPPA A§}ED.VA'f31'3,UT 54 YEARS, V E V"'R/AT..BYRAI£§DAr1ALL1 _ x.VEMAGA1"'HOBL1z ""--« ' 'TQ: KCJLAR ::a$3 1_(}-3', APPELLANTS (3; say; M iéAM,' Bf~1A'f,. SR. COUNSEL) 39 YEARS AGED ABOUT 55 YEARS AGED ABOUT' 53 YEARS,
4. UTHANALLAPPA S] O VENKATAPPA AGED ABOUT 49 YEARS,
4. The defendants contested the said taking up the plea that the property of the _ measures 70 feet north-south and "
than 30 feet and the boundaries, tried to 1(11oc.i{-._of v to the defendants and as eneiosed to the plaint is ixacorno Qtandme plaintiffs is liable to be '
5. er the parties led the as five issues and the evidence on into consideration and ont;t1'1e.basis o_Vf'thed'api3reciation of the same, learned " the issues I and 3 in favour of I by holding that the plaintiffs have established possession and enjoyment of the suit he and so also issue no.4 was answered in ""v.VVfs.vour of the piainfiifs by holding that they are t V' " "tentsitied for' the permanent injunction as sought for and the suit ef the plaintiffs was partly decreed holding that the plaintifis were declared as the 3.4 3 the plaintifis house property, measures 8 X 8 yards and therefore taking note of the aforesaid stand taken by the defendants father, the trial court .4 case of the piaintifis in so far as house concerned, for the purpose of V declaration. But, howeVet,"'-esi' site towards north of the the trial court injunction.
Secondly, the course of its specific stand of the open space feet x 24 feet) and it has alse' thelltwo suits earlier filed wherein the " Eeitell ef the defendants was in questien and in and R.A.190/75 the defendants were foi3nd.«__"te':l}nve taken the stand that their property nE!3eae1"':"red'.. 24 x 24 feet. In the light of the epecfi 30 l taken by the defendants father in the earlier l V' " "suits and there being no evidence placed by the defendants to ShOW that the findings recorded in the aforementioned suit O.S.No.278/74 and R.A.190/75 % N' A. .....
having been questioned by the defendants furthertfthe evidence on the Whole has % courts below to decree the stlit of the _ relief of declaration in so .i§ :' concerned and injunctionof L. lying to the north cf the Far the: said '4'réa$dn.,§5, ::'I substantial quesfion of {appeal and it is Sd/~ Judge