ANITHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel Sri.K.R.Lingaraju for petitioner, learned High Court Government Pleader Smt.Rashmi Patel for respondent Nos.1 and 2 and learned counsel Sri.B.J.Somayaji for respondent No.4. Perused the writ petition papers.

(2.) The petitioner is before this court under Article 227 of the Constitution of India challenging the judgment dtd. 7/11/2019 passed in M.A.No.4/2019 on the file of the Principal Senior Civil Judge & JMFC, Hunsur (for short, 'Trial Court') by which the appeal filed by respondent Nos.3 and 4 is allowed and interim order of injunction restraining respondent Nos.3 and 4 from interfering with the plaintiff's peaceful possession and enjoyment over the suit schedule property is set aside.

(3.) Learned counsel Sri.K.R.Lingaraju for the petitioner would submit that the petitioner filed suit in O.S.No.264/2018 on the file of the Civil Judge and JMFC, Hunsur with a prayer for permanent injunction restraining the defendants from interference as well as to declare the notices issued by fourth respondent dtd. 28/9/2018 and 15/10/2018 as null and void. The respondent Nos.3 and 4 - Panchayath Authorities issued notices referred to above directing the plaintiff/petitioner to vacate the encroached portion of the property which is in unauthorized occupation of the plaintiff/petitioner. Learned counsel for the plaintiff/petitioner would submit that the plaintiff/petitioner is not in encroachment of the land as alleged by the respondent Nos.3 and 4 - Panchayath Authorities. It is submitted that the suit schedule property is ancestral property, where the plaintiff/petitioner has built residential house and she is in peaceful possession and enjoyment. The Trial Court taking note of the material on record including the record of rights produced by the plaintiff/petitioner, granted interim order of injunction restraining the respondent Nos.3 and 4 from interfering with the peaceful possession and enjoyment of the plaintiff/petitioner over the suit schedule property. The respondent Nos.3 and 4 filed appeal under Order 43 Rule 1 of CPC on the file of the Principal Senior Civil Judge and JMFC, Hunsur. The Appellate Court under impugned Judgment, set aside the order dtd. 19/1/2019 passed in O.S.No.264/2018 on I.A.No.1. Aggrieved by the same, plaintiff/petitioner is before this Court in this writ petition.