CHANNAPPA IRAPPA HUNNUR Vs. GUNDAPPA RAMCHANDRAPPA PATTAR

JUDGEMENT

(1.) This is a defendants' appeal against the concurrent findings of the Courts below.

(2.) The plaintiff approached the Civil Court for a mandatory injunction to remove the shed unauthorisedly constructed by the defendant in the middle of the public road obstructing the smooth passage and use of the road as well as dumping of cow dung close by causing obnoxious smell making it difficult for the plaintiff and the members of his family to live there. The defendant resisted the suit inter alia on the ground that the municipality was not made a party and which was the owner of the road and that he had not put any cow dung pit and the suit was, therefore, liable to be dismissed.

(3.) After framing appropriate issues, the trial Court mainly on the strength of the evidence given by P.W. 3, the Chief Officer of the Town Municipal Council, Mudalagi, and the report of the Court Commissioner came to the conclusion that no pit as such had been dug in the middle of the road for dumping cow dung, but there was unauthorised construction which had been removed by the municipality on the complain of the plaintiff and other denizens of the municipality. It was in that circumstance the plaintiff was forced to move the Court. The version of the plaintiff has been believed by the Court having regard to the Commissioner's report. Therefore, mandatory injunction was issued calling upon the defendant to remove the structure unauthorisedly constructed, which is not disputed by him.