Mr. Sreenivasegowda Dead By Legal Representatives(1A) Mrs. Puttamma, 1B) Mrs. Jayalaxmi and Others vs Mr C Shivananjappa and Others

Ram Mohan Reddy

Defendants'' second appeal calling in question the concurrent findings of fact that the plaintiffs are in possession and enjoyment of the suit schedule property and therefore, entitled to permanent injunction by Judgment and decree dt. 26.6.2002 in O.S. 170/1996 of the V Addl. I Civil Judge (Jr.Dn), Mysore, which was confirmed by Judgment and decree dt. 28.9.2010 in R.A.230/2002 of the Small Causes and Senior Civil Judge, Mysore. Having heard the learned counsel for the appellant, perused the pleadings and examined the Judgment and decree of the Courts below, undoubtedly the plaintiffs having established that they were in possession of the suit schedule property being a (sic) carved out of Sy.No. 104/1, coupled with the admission in cross-examination of DW-1 that he has no claim over Sy.No. 104/1, no exception can be taken to the reasons, findings and conclusions arrived at by the courts below. In the circumstances, no substantial question of law arises for decision making. Appeal is accordingly dismissed. Miscellaneous civil application is dismissed as not pressed.