LAWS(KAR)-2010-9-155

JAYAMMA W/O LATE THIMMAIAH, SRI B. RAJU AND SRI T. PRAKASH BOTH S/O LATE THIMMAIAH Vs. SRI SHANTHAPPA S/O SRI NALLANNA

Decided On September 20, 2010
Jayamma W/O Late Thimmaiah, Sri B. Raju And Sri T. Prakash Both S/O Late Thimmaiah Appellant
V/S
Sri Shanthappa S/O Sri Nallanna Respondents

JUDGEMENT

(1.) THE Appellants herein are the Plaintiffs in O.S. No. 1205/2005. The suit in question was filed seeking for a judgment and decree of permanent injunction to restrain the Defendant from putting up any construction in the first floor portion of the suit schedule property. The trial Court, after considering the rival contentions has dismissed the suit by its judgment dated 28.09.2007. The Plaintiffs therefore are before this Court.

(2.) HEARD the learned Counsel appearing for the parties and perused the appeal papers including the records received from the trial Court.

(3.) THE Defendant, on being served with suit summons, opposed the claim of the plaintiff. It was contended that the Defendant has already put up ground floor construction and at that juncture, there was no plan of putting up any construction in the first floor except carrying out certain miner repairs on the terrace