M.CHENNABASAPPA Vs. V.DURGAPPA

JUDGEMENT

(1.) RSA Nos.3041/2006 and 3042/2006 are filed by the appellant/plaintiff aggrieved by the judgment and decree dtd. 19/8/2006 passed in R.A.Nos.39 and 35 of 2006 on the file of the Civil Judge (Sr.Dn.), Gangavathi (hereinafter referred to as 'the first appellate Court').

(2.) The said R.A.Nos.39 and 35 of 2006 were filed by the respondents herein against the judgment and decree dtd. 20/4/2006 passed by the Additional Civil Judge (Jr.Dn.) and JMFC, Gangavathi, (hereinafter referred to as 'the trial Court') by which the suit in O.S.No.117/2004 filed by the appellant/plaintiff was decreed and suit in O.S.No.130/2004 filed by the respondents herein was dismissed. By the impugned judgment and decree, the first appellate Court has dismissed the suit of the appellant/plaintiff in O.S.No.117/2004 and decreed the suit in O.S.No.130/2004 filed by the respondents herein.

(3.) Brief facts of the case are that; the suit in O.S.No.117/2004 filed by the appellant/plaintiff herein against the respondents for relief of permanent injunction restraining the respondents herein or their agents, their servants from interfering with the peaceful possession and enjoyment of the appellant/plaintiff over the suit schedule property including Northern compound wall, which is described as under: