R KRISHNUPPA SETTY Vs. L RAMAKRISHNAPPA DEAD

JUDGEMENT

(1.) at the stage of admission the learned counsel for the appellant and the learned counsel appearing for the cavealors are heard at length.

(2.) this appeal is filed against the decree of dismissal of the suit o.s. no.294/1983 on the file of the viii additional city civil judge, Bangalore. The suit was filed for permanent injunction only. The impugned order dismissing the suit discloses that a preliminary issue regarding maintainability of the suit was framed on the basis of the grounds urged by defendant No. 14 in his written statement. The said issue reads as under:

(3.) the facts leading to the impugned order are as under: the property involved in the litigation is described in the plaint schedule as property belonging to Sri kunnappa krishnappa chowltry (now called arasappa choultry) bearing municipal nos. 852,852/1,853 and all the properties connected therewith situated in o.t.c. road, nagarthpet, Bangalore-2.