TIPPANNA Vs. GHSNASHYAM

JUDGEMENT

(1.) ALTHOUGH the case is at the stage of admission, the parties assisted the Court with pleadings and certified copies of the documentary and oral evidence and argued for final disposal of the matter on merits.

(2.) THIS appeal is filed against the Judgment and Decree dated 4-11-2002 in R. A. No. 79/1996 on the file of the Principal, Civil judge ISr. Dn. }, at Jamkhandi arising out of the Judgment and Decree dated 18-7-1996 in O. S. No. 70/1986 on the file of the addl. Munsiff at Jamkhandi.

(3.) THE appellant is the defendant and the respondent is the plaintiff filed a suit for permanent injunction against the defendant not to disturb the status-quo of the party-wall, not to put up any windows in the party-wall and not to put any weights on the party to the detriment of the interests of the plaintiff. The defendant contended that the disputed wall is the exclusive wall and not a party-wall and further the window in the disputed wall is in existence prior to purchase of the building by the defendant, it is about 30 to 40 years ago. Before the trial Court, the plaintiff examined himself a carpenter, who was engaged by the defendant and one more witness- PW-3, a resident of the area is examined to prove the fact that the window was not in existence as claimed by the defendant and only for the first time while re-constructing the party-wall, the window is sought to be put according to the version given by the witnesses examined for the plaintiff. The defendant has examined himself and examined his vendor's son and a milk vendor DW-4, a person of the locality to prove the fael that the window was in existence in the disputed wall since several decades.