VEERANNA Vs. GOURAMMA

JUDGEMENT

(1.) THIS second appeal u/s 100 of the Code of Civil Procedure is by the plaintiffs in O.S. No. 748/2008 on the Hie of the Prl. Civil Judge (Jr.Dn.) and Prl. JMFC, Dharwad, a suit for bare injunction to restrain the defendants 1 and 2 from interfering or disturbing the possession and enjoyment of the suit property, a printing press located at CTS No. 272/2/MF measuring 109.16 sq. mtrs. at Subhas Road, Dharwad, a commercial area and the building itself being a part of commercial complex but the land on which the structure stood being in the ownership of the plaintiffs. The suit was contested by the defendants by filing the written statement. It was contended that the defendants are in possession of the subject property, that the plaintiffs have no title to the subject properties specifically the printing press which was the property of the 1st defendant and the 2nd defendant being a nephew of the 1st defendant's husband helping the 1st defendant in managing the printing press after the demise of the husband of the 1st defendant in the year 2007 and therefore the suit for injunction has to be dismissed as it neither had any cause of action nor tenable in law etc. The defendants had placed material in the form of a license issued originally in favour of 1st defendant's husband and later it stood transferred in the name of the 1st defendant after the demise of her husband to evidence that it was the 1st defendant who was in possession and management of the printing press etc.

(2.) THE Trial Court on such contentions had framed the following issues:

(3.) IT is aggrieved by this reversal of fortune, the present second appeal by the plaintiffs. Notice had been issued to the respondents-defendants in the suit about the admission and respondents are represented by Counsel.