SUBRAMANI N. Vs. KANNAPPANAVAR BYRAPPA

JUDGEMENT

(1.) This appeal by the unsuccessful plaintiffs in O.S.No.2089/2015 is directed against the impugned judgment and decree dtd. 21/6/2018 passed by the X Additional City Civil and Sessions Judge, Bengaluru (for short "the trial Court"), whereby the said suit filed by the appellants-plaintiffs for permanent injunction, mandatory injunction, possession and other reliefs in respect of the suit schedule immovable properties was dismissed by the trial Court.

(2.) Heard learned counsel for the appellants, learned counsel for respondent Nos.1 and 2 and perused the material on record.

(3.) The appellants-plaintiffs instituted the aforesaid suit inter alia contending that they were the absolute owners in lawful and peaceful possession and enjoyment of the suit 'A' schedule property. It was contended that despite not having any manner of right, title, interest or possession over any portion of the suit 'A' schedule property, defendant Nos.1 and 2 - respondent Nos.1 and 2 had illegally and high handedly encroached upon a portion of the suit 'A' schedule property on its eastern side measuring 4 x 40 fts. and put up illegal and unauthorised construction on the said portion, which was described as suit 'B' schedule property. It is further contended that despite approaching defendant No.4 - BBMP to change the khata in their favour, the BBMP did not take any steps in this regard and as such, the plaintiff instituted the instant suit for the aforesaid reliefs.