NARAYANASWAMY Vs. NAGANAIKA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellant.

(2.) This appeal is filed challenging the judgment and decree dtd. 17/9/2018 passed in R.A.No.75/2016 on the file of the Senior Civil Judge and CJM, Chamarajanagar.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that he is in possession and enjoyment of the suit schedule property as on the date of filing of the suit. The suit schedule property is a garden land measuring 18 guntas in which the coconut trees are grown. The defendants though having no any right, title or interest over the suit schedule property, they are interfering with the possession and enjoyment of the plaintiff over the suit schedule property. It is further contended that earlier, the defendants have preferred the writ petition against the order dtd. 11/6/2022 passed by the Land Tribunal before the High Court of Karnataka and the said writ petition was dismissed and inspite of dismissal of the writ petition, the defendants are continuing to interfere with the possession and enjoyment of the plaintiff over the suit schedule property. Hence, the suit was filed seeking the relief of permanent injunction. The defendants appeared before the Trial Court and filed the written statement denying the averments made in the plaint. It is contended in the written statement that they have filed an appeal against the order of the writ petition and the same is pending for consideration.