BASAVANNEPPA NEELAPPA KULKARNI Vs. ABDULGHANI HUSENAMIYA ASUNDI

JUDGEMENT

(1.) This Regular Second Appeal is filed under Sec. 100 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') by the defendant challenging the judgment and decree passed in O.S.No.125/2017 (Old No.217/2011) on the file of the learned Senior Civil Judge and J.M.F.C., Hangal, whereby the learned Senior Civil Judge has decreed the suit and the appeal filed by the defendant in R.A. No.11/2022 on the file of the learned Family Court, Haveri, (District Judge) came to be dismissed.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are that, the plaintiff is the owner in possession of the suit scheduled property bearing Rs. No.33/A of Belagalpeth Village total measuring 9 acres 38 guntas out of it 12 guntas on the southern side having specific boundaries mentioned in the scheduled. The plaintiff asserted that he is the owner of the suit scheduled property and the defendant has illegally started construction of a compound wall over the suit scheduled property. Hence, he sought injunction against the defendant. The defendant has appeared and has contended that he is the prospective purchaser of the suit scheduled property by virtue of agreement of sale dtd. 11/6/2005 and hence, he disputed the claim of the plaintiff.