ATTA-UR-RAHIMAN Vs. BASAVARAJ

JUDGEMENT

(1.) The captioned second appeal is filed by unsuccessful defendants questioning the concurrent judgment and decree of the Courts below wherein the suit filed by the respondents/plaintiffs seeking relief of declaration and consequential relief of mandatory injunction is decreed thereby directing the present appellants to remove the pan shop constructed by defendant Nos.1 to 4 in the portion of common staircase and a further direction to restore the KEB meters which existed prior to shifting at their own cost.

(2.) The facts leading to the case are as under:

(3.) The grievance of the respondents/plaintiffs was that the present appellant Nos.1 to 4/defendant Nos.1 to 4 having succeeded to the eastern portion under registered partition deed without any semblance of exclusive right over the suit staircase have illegally constructed pan shop in the portion of a suit staircase and the same is rented to appellant No.5/defendant No.5. In the process, the appellant Nos.1 to 4/defendant Nos.1 to 4 have also illegally shifted electric meters situated in the first floor and thereby causing interference and obstruction in peaceful usage and enjoyment of respondents/plaintiffs right in the common suit staircase. It is on this ground, the respondents/plaintiffs filed a suit for declaration and for consequential relief of mandatory injunction.