B HANUMANTHAPPA Vs. B KRISHNA MURTHY

JUDGEMENT

(1.) WITH the consent of both the Counsel, the appeal is taken up for final disposal. During the course of judgment, the parties will be referred as per their ranking before the trial Court. The appeal is by the plaintiff. The defendant is the respondent.

(2.) THE plaintiff filed a suit for declaration that he is the absolute owner of the 'C' schedule property and also for mandatory injunction directing the defendant to demolish the sajja measuring 6ft x 20 ft put up on his premises and close down the doors and windows on the western side of his property and permanent injunction to restrain the defendant from claiming right of ingress and egress over the suit schedule property. Briefly stated the facts are that in a family partition, the suit property fell to the share of the plaintiff and adjoining property fell to the share of the defendant. It is the specific case of the plaintiff that areas where the sajja is protruded to an extent of 6 ft X 20 ft would belong to him and hence, the present reliefs are sought.

(3.) ON the basis of these specious pleadings, the learned trial Judge has framed the following issues: