MOMIN ENTERPRISES Vs. MALPE FOODS

JUDGEMENT

(1.) This Regular Second Appeal is filed by the defendant, challenging the Judgment and Decree dtd. 19/3/2021 in R.A.No.555/2019 on the file of the VI Additional District and Sessions Judge, Belagavi, setting aside the Judgment and Decree dtd. 5/9/2018 in O.S.No.1388/2011 on the file of the IV Additional Civil Judge and JMFC Court, Belagavi, dismissing the suit of the plaintiff.

(2.) For the sake of convenience the parties to this appeal are referred to as per their ranking before the trial Court.

(3.) The relevant facts for adjudication of this appeal are that, the plaintiff has filed a suit seeking relief of permanent injunction against the defendant. It is pleaded in the plaint that the said property bearing Plot No.1302/A, situated in Kanabargi Industrial Area, Belagavi, has been allotted by the Karnataka Industrial Area Development Board (for brivity 'KIADB') and thereafter, the KIADB has executed a registered lease cum sale agreement on 18/7/2007. It is further stated that, the plaintiff is in possession of the suit schedule property, however, the defendant is interfering with the suit schedule property and as such, the plaintiff has filed O.S.No.1388/2011 before the trial Court, seeking relief of permanent injunction as referred to above.