SHIVARAYAPPA Vs. VEERUPAXAPPA

JUDGEMENT

(1.) This appeal is filed by the defendant challenging the judgment and decree passed by the Civil Judge (Jr.Dn), Laxmeshwar in O.S.No.17/2008 dtd. 22/3/2011, which is confirmed in R.A.No.37/2011 by the Senior Civil Judge Laxmeshar vide judgment dtd. 12/12/2011.

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

(3.) The brief factual matrix leading to the case are that the suit schedule property is an agricultural land bearing Survey No.209/3 measuring 2 acres 39 guntas with specific boundaries shown in the schedule. It is the contention of the plaintiff that on the southern side of the suit property, the land of defendants is situated and in the sketch, the suit property is shown by letters as "ABCD" and the land of the defendants is shown by letters as "DEFG". It is further asserted that there are three tamarind trees shown as "M", "N" and "O" and one banyan tree shown as "P" in the suit schedule property of the plaintiff. It is further asserted that there is a bund with height of 10-15 ft in between the land of the plaintiff and defendants. It is asserted that the suit trees are old trees existing from the time of plaintiff's ancestors and plaintiff is enjoying the fruits of the trees all along. The defendants have no right, title or interest over the same and defendants 1 to 8 are joint owners in enjoyment of Survey No.212/4 and defendants 5 and 6 are in possession of Survey No.212/3. It is alleged that the defendants obstructed by trespassing into the suit property and attempted to get the fruits from the suit properties. Hence, the suit for injunction.