VINODA Vs. MALLAPPA

JUDGEMENT

(1.) Present petition is filed by the petitioner, who is defendant No.3 in a suit in O.S.No.467/2009, aggrieved by the order dtd. 11/4/2016 passed on I.A.No.4 in the said suit by the III Addl.Civil Judge and JMFC, Dharwad.

(2.) The aforesaid suit in O.S.No.467/2009 had been filed by plaintiff-Mallappa for relief of permanent injunction restraining the defendants, from interfering with the peaceful and lawful possession and enjoyment of the suit property and from dispossessing the plaintiff from the suit property.

(3.) It is the case of the plaintiff therein that the suit schedule property being land measuring 5 acres 22 guntas in Sy.No.20A/1A/1B2/A/1A situated at Kasaba, Kamalapur village, Dharwad Corporation limit originally belonged to one Channaveerappa Rudrappa Anad, husband and father respectively of defendant No.1 and defendant No.2. That during the lifetime of Channaveerappa Rudrappa Anad, the plaintiff had entered into an agreement to purchase 6 guntas of land in terms of the agreement of sale dtd. 28/8/1974. That in view of the non-performance of the said agreement by the vendor, the plaintiff had filed a suit in O.S.No.51/1997 for specific performance of contract. The said suit was partly decreed directing refund of the amount. Aggrieved by the same, the plaintiff had preferred regular appeal in R.A.No.111/2003, which was also dismissed. Being aggrieved by the same, the plaintiff had filed regular second appeal in RSA No.1186/2008 before this Court. That the plaintiff has been in lawful possession and enjoyment of the suit property since 1974 by virtue of the aforesaid agreement of sale and that the defendants No.1 and 2 with defendant No.3 had attempted to dispossess of the plaintiff from the suit property on 10/7/2009 and again on 26/7/2009 tried to obstruct the peaceful possession and enjoyment of the suit property and therefore the plaintiff was constrained to approach the Court by filing the above suit for bare injunction.