AJIT ANAND Vs. PAPAIAH AND OTHERS

JUDGEMENT

(1.) THESE two appeals are directed against the judgment and decree passed by XXIV Addl. City Civil & Sessions Judge, Bangalore dated 08.01.2010 in O.S. Nos. 3949/2006 & 10310/2006 whereunder suit filed by plaintiff for perpetual injunction in O.S. No. 3949/2006 came to be dismissed and suit O.S. No. 10310/2006 filed by plaintiffs (fourth defendant in O.S. No. 3949/2006 and his wife) also for perpetual injunction came to be decreed.

(2.) THESE two appeals are taken up together for final hearing since the suit schedule property involved in both the suits are one and the same and evidence both oral and documentary relied upon by respective parties in both the suits are identical.

(3.) HEARD the arguments of Sri S Gangadhar Aithal, learned Advocate appearing for appellant in both the appeals and Sri B.R. Vishwanath, learned counsel appearing for respondent Nos. 1 and 2 in RFA No. 374/2010 and respondent No. 4 in RFA 373/2010. On a memo filed by learned counsel for appellant on 30.11.2011 in RFA 373/2010 appellant was permitted to delete respondent No. 3 as the suit against respondent No. 3 had been dismissed before trial Court. Respondent Nos. 1 and 2 in RFA 373/2010 are served and unrepresented.