SHASHI HENGSU Vs. VASU DEVADIGA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the appellant/defendant aggrieved by the judgment and decree dtd. 17/11/2015 passed in Regular Appeal Nos. 42/2007 on the file of Senior Civil Judge, Kundapura (hereinafter referred to as 'the First Appellate Court') in and by which, the First Appellate Court while allowing the appeal of the respondent/plaintiff set aside the judgment and decree dtd. 8/3/2007 passed in O.S. No. 82/2004 and consequently decreed the suit of the plaintiff restraining the defendant from interfering into 'B' schedule property and damaging the channel existing in the 'B' schedule property.

(2.) The case of the plaintiff is that he is the absolute owner of the schedule 'A' properties being agricultural land and he being the member of the undivided family is looking after the agricultural operations as a manager of this family. A land in survey No. 265/1 (plaint 'B' schedule property) a government land, which is situated towards the eastern side of the 'A' schedule properties. There is a big rain water reservoir measuring 2.91 acres (plaint 'C' schedule property), in the adjoining land bearing survey No. 211/8 of Paduvary Village. The rain water gets collected in the said reservoir Plaint 'C' Schedule Property and the same is being used by the plaintiff through a channel running on Plaint 'B' Schedule Property. The plaintiff and the nearby land holders are using the water to their paddy fields from the Plaint 'C' Schedule Property, which is the only source of water for their agricultural activities.

(3.) That Schedule 'A' property is Kadim warg land, which is abutting to the 'B' schedule property. 'B' schedule property forms purported Kumki and the plaintiff is enjoying Kumki privileges over the plaint 'B' schedule property. It is further alleged that the defendant with an intention of grabbing schedule 'B' property has encroached upon the same and he is also blocking the water channel, which is running through schedule 'B' property to schedule 'A' property by constructing mud dhare across it. The plaintiff was constrained to file complaint before the Police and since the matter is of civil nature, the plaintiff was advised to approach the appropriate legal forum. Hence, the plaintiff filed the suit.