BASAVESHWARA KUMAR Vs. MAHADEVAIAH

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the respondent.

(2.) This appeal is filed challenging the judgment and decree passed in R.A.No.50/2014 dtd. 9/7/2018 on the file of the Additional Senior Civil Judge and JMFC, Gubbi, reversing the judgment and decree dtd. 20/10/2014 passed by the Court of Principal Civil Judge, (Junior Division) and JMFC, Gubbi decreeing the suit in O.S.No.55/2010 seeking the relief of permanent injunction.

(3.) The factual matrix of the case of the plaintiff before the Trial Court in O.S.No.55/2010 is that he has filed the suit against the defendants for permanent injunction in respect of property bearing Sy.No.18/1, totally measuring about 5 acres, 11 guntas, out of which, 20 guntas of land situated at Kadashettihalli, Kasaba Hobli, Gubbi Taluk, which is morefully described in the schedule. It is stated in the plaint that the plaintiff is the absolute owner in possession of the suit schedule property, having acquired the same through family partition and all the revenue documents stands in the name of plaintiff and he has raised crops regularly and paying kandayam to the Government. Except plaintiff, no one has got right in respect of the suit schedule property and the defendants are the strangers, who have no manner of right, title or interest over the suit schedule property. Hence, prayed the Court to grant the relief of permanent injunction.