iN THE HIGH COURT OF KARNATA.i{5§: ~
CIRCUIT' BENCH AT GULBARGA A'
BEFQRE'~. % V
THE HONBLE MR. _
DATED THIS THE '%ati§~;)AY AC}F_AEJ_Gri:JAS5I"'2'G08
REGULAR sEc0ND_jxPPEAL 1srs.«'z@_/H_:§2oo4
BETWEEN: V ' ' '
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AGE,n%.As_oufr 'i:%.,_¥.Ea.Rs.,_ ' «
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REPR'E;SEN'I'EI}.E5Y .i+~;Is"a_A'.;»1oLDER
NAGAPPA, - -. Hp "V4/VT
* ' ' .. PETETION
my Mia s. S; .A$SGCIA'I'ES, ADVS.) 1/
G:;WA
S,/C} BHIMANNA DASA
A{}ED/70 YEARS, OCC.BUSINE3SS
'' A. , ASI-EOK
S/O SHIVAPPA CHANDA
AGED ABOUT 54 YEARS,
3. RACHOTI
Sf O.SHEVAPP'A CHANDA
AGED" ABOUT 54 YEARS,
1/
RESPONDENTS
ALL ARE R] QVILLAGE DUBALGUNDI
‘I’Q.HUMNABAD, DIST: BIDAR
(R-1 TO 3 SERVED, UNREPRESENTED)
-an-
This RSA is fixed U/8.100
Judment. and Decree dated” 2–7′.O’fif.2Q{)’4.. in; ”
R.A.N0.15/2004 on the file {;f the Civfl’ .J udga~~..%(_Sr,,I_D’n.)
Basavakalyan Camp, Humn.éLba<3._, A' partiy »a1iowii1g' the
appeal and modifying t1*£e-Judgmrgent azrzé' dated.
19.12.2003 passed in O';vF3,'No.289,I2i)Q(}: o~: 1"ti~:.c' file 'of
the Pr1.Civi1 Judge (Jr.Dn.) 'H11mnabad. ' ' i
This RSA cosIiiI1g'._oIf:~ vf<"):*_'*vhea1ing this day, the
Oourt made the fo}1ow:.i1'1g:*-~ 5' 9' v
This is . _'
2. The p1aints1i’ flied V s1;it*._ii1« §).S.No.289/2000 for
permaxlcnt The Court by its Judgment
and 2003 has decreed the
the respendents herein have
bgfom the Civil Judge (Sr.Dn.)
RV.’A.No.15/2004. The Appellate court
and Decree dated 27*’! July 2004 has
:ffl1e appeal in part and reversed the Judgment
Lu
and Decree passed by the Trial Court in ‘as it
relates to Sfhntirlg of injunction is concer-fled,. 2
3. Ageievee by that, t1xe%apc;>é13afit%1§e:~¢1:iehgétofiied i
this appeal.
4. At the timerof the this Court
has formulated the questions of
law for co_r1sideration:g –.
(i) Jtifie Court is justified
_ Wit;”;~–‘i:’ega1’d to two side
avails; in terms of its findings?
(ii) __ iifidiiigs of the First Appellate
3 it ~:i_.svan’acceptab1e one in the light of the
1″ available on record?
learned counsel for the appellant contended
jthe Appeliate Court was not justified in reversing the
.V:»i’o?.1dg1nent and Decree passed by the Trial Court,
regarding injunction. He also submitted that the
appellate court has failed to consider the evidence on
V
record ifl proper perspective. Further, he submitted that
D.W.1 in his evidence has admitted that ex: 1.6:.
the appellant herein has put up the –s.w”it.l:1iI*;
the boundaries of his Sgsfihas’
interest in the Walls and COLtI.’tJ
was not justified in Iecoftiizlg e’ fi_ndi;ig:thet”tI1e southern
and westem walls areV,ceIfi_1:z1o:1. and’ therefore, it cannot
be sustained in t’
2 6.. ‘representation on behalf of the
resgioxgients, served.
A_ I heifetéeaxefufly considereé the submission made
counsel for the appellant
I find considerable force in the submission of the
At ‘T counsel for the appellant, for the reason, the suit
is fer permanent iinjuncfion. The Plaintiff claims, he
is the €)WI1€I’ of the suit schedule property and he is in
possession and enjoyment of the suit schedule property
12/
and he has put up the eo:1structio;’1»V.. the
boundaries of his property. He has P1
to P10 and examined four “.1:
have examizled three it
to D8. Ex.P1 is the “land
mutation extract, . .. Ex. the _ ‘eohstreetien permission.
EX.P4 is & P6 are the tax paid mcciets. 'er Taiuka Panehayat. is notice issued by the
C£§1fan1– documents and the evidence of
the show, the p1aintifi’ is the owner of
V’ siiitn’ property and he has put up the
within the boundaries of his property.
this, D.W. I in his evidence has admitted that
ie. the appeilant herein has put up the
é it “—.._eoiistr’uction within the boundaries of his property and
~’ V faxes no right or interest in the waits. Therefore, in my
considered view, the appellate court was not justified in
recording a finding that the southern and western walls
V
are Common and therefore, it Cannot in law.
Questions of Law answered accordmglyfg’ ‘:.Aj:’ 4
9. The appeal is ‘4
J udgment and the; in
so far as it relatss to 3 western and
southern walis set-aside and the
Judgmeylfiand the Trial Court is
Sd/is
Judge