BASAPPA Vs. SAIDABI

JUDGEMENT

(1.) Smt. Saidabi, the plaintiff , filed a suit seeking for a decree of perpetualinjunction to restrain the defendants from obstructing her peaceful possession and enjoyment of the suit property, which was a vacant land measuring 50 feet X 50 feet.

(2.) It was the case of the plaintiff that the suit plot, which was a backyard, was formerly belonging to her mother Patavva and Veerappa Bager (the father of the second defendant and the husband of third defendant) had purchased the property from her mother, Patavva and she had thereafter re-purchased the property from Veerappa Baliger (the father of the second defendant and the husband of third defendant), under a registered sale deed dated 08.12.2004 by paying a consideration of Rs.38,000/- and eversince she was in possession. It was contended that her possession over the suit property was sought to be obstructed by the defendants and in this regard, she has lodged a complaint to the police on 26.12.2007, but the P.S.I. had endorsed that a suit in O.S.No.7/2005 had been filed for partition and hence, she was constrained to approach the Court seeking for a decree of injunction.

(3.) In response to the summons, only the first defendant entered appearance and contested the suit. The second and third defendants remained absent and were thus placed exparte.