SHIVANANDAPPA AND VEERABHADRAPPA Vs. KAMANNA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree in R.A. No. 41/2011 dated 18.2.2013 on the file of the Senior Civil Judge and JMFC at Sira whereby the judgment and decree in O.S. No. 301/2008 dated 12.8.2011 on the file of the Civil Judge and JMFC at Sira has been confirmed. The appellants are the defendants before the trial Court and the respondent is the plaintiff. For the sake of convenience, the parties are referred to by their respective ranking before the trial Court

(2.) THE plaintiff filed the above suit for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit schedule property. It is the case of the plaintiff that the suit schedule property was granted in his favour vide order of the Assistant Commissioner bearing P.G.C. No. 10/1990 -91 dated 31.8.1990. Prior to that, he was cultivating the suit schedule property unauthorizedly. After the order of the Assistant Commissioner, his name was mutated in the RTC. He has invested huge amount to dig a bore -well and has installed a pump set for the development of the suit schedule property.

(3.) ON the basis of the pleadings of the parties, the trial Court has framed the relevant issues. Plaintiff got himself examined as P.W1 and documents Ex. P1 to Ex. P20 are marked in his evidence. He has also examined two other witnesses as P.W2 and P.W3. The first defendant got himself examined as D.W1 and the documents Ex. D1 to Ex. D18 are marked in his evidence. He has also examined a witness as D.W2. The trial Court on consideration of the materials on record has decreed the suit. As noticed, the first Appellate Court has confirmed the said decree.