ABDULRAJAK Vs. GAFARSAB

JUDGEMENT

(1.) This appeal is filed challenging the divergent finding recorded by the first Appellate Court in R.A.No.35/2005 on the file of the Principal Senior Civil Judge, Haveri. In terms of the said judgment and decree, the Principal Senior Civil Judge, Haveri, in exercise of jurisdiction under Sec. 96 of the Code of Civil Procedure, has allowed the appeal and set aside the judgment and decree passed by the Civil Judge (Jr.Dn.), Savanur in O.S.No.100/2003.

(2.) The suit filed by the plaintiff is one for injunction in respect of the property which is described as under: DESCRIPTION OF THE SUIT PROPERTY That the residential house, front yard and backyard bearing Savanur Town Municipal Council Property No.23 of Ward No.IV Block No.VII situating within the limits of TMC Savanur, bounded by: To the East : Property of Abdulkhadar Nadaf To the West : Property of Defendants To the North : Property of Khanjade To the South : Road.

(3.) As could be noticed from the description, the measurement of the suit property is not provided. Nevertheless, the trial Court has decreed the suit mainly relying on Ex.P1 - Extract of house property register. The house property register extract produced at Ex.P1 also does not disclose the North-South and East-West dimension of the property.