MALLAPPA Vs. IRAVVA

JUDGEMENT

(1.) The plaintiff aggrieved by the judgment and decree dated 28.10.2019 passed by the Addl. Civil Judge and J.M.F.C., Haveri, in O.S. No. 429/2012 which is confirmed by the judgment and decree dated 02.01.2020 in R.A. No. 27/2019 passed by the Addl. Senior Civil Judge, Haveri, filed this second appeal.

(2.) The brief facts of the case that the plaintiff filed the suit for permanent injunction against the defendants and their servants to restrain them from interfering and causing obstruction to the peaceful possession and enjoyment of the plaintiff over the suit schedule property comprised in V.P.C. No. 41 consisting a house and backyard situated at Homabaradi village of Haveri taluk.

(3.) It is the case of the plaintiff that originally the suit property was owned by one Basavanneppa S/o. Rudrappa Chikkanandi died long ago. During his lifetime i.e., 30 years ago, he handed over the suit schedule property to the plaintiff. Accordingly, the plaintiff along with family members occupied the same and his name was entered in VPC extract of concerned village panchayat. The plaintiff along with his family members is in actual possession and enjoyment. The defendants trying to interfere with the peaceful possession and enjoyment of suit schedule property. Hence, the plaintiff constrained to file the suit for perpetual injunction.