H AZIZ KHAN Vs. MUNIYAMMA

JUDGEMENT

(1.) THESE R. F. As are preferred by the appellant (plaintiff in O. S. No. 5653 of 1993), against the common judgment and decree dated 17-9-1993 passed by the XX Additional City Civil Judge, Bangalore, dismissing O. S. No. 5653 of 1993 and decreeing O. S. No. 7671 of 1991 on its file.

(2.) ADVERTANCE to the parties in the course of this judgment is made with reference to the rank assigned to them in the Court below in O. S. No. 5653 of 1993.

(3.) O. S. No. 5653 of 1993 was filed by the plaintiff for a declaration that the plaintiff is the owner of the schedule property by virtue of the sale deed dated 1-4-1982, registered as document No. 16, at pages 219 to 225 in Volume No. 3573 of Book No. 1 in the office of the Sub-Registrar, bangalore North Taluk and for a mandatory injunction against the defendants (plaintiff in the other suit) to demolish the illegal construction put up on the suit schedule site and also for permanent injunction against the defendants from interfering with her peaceful possession and enjoyment of the property. The defendant also filed O. S. No. 7671 of 1991 praying a decree of permanent injunction against the plaintiff. The Court below decreed O. S. No. 7671 of 1991 and dismissed o. S. No. 5653 of 1993. Being aggrieved by the said judgment and decree the plaintiff has filed these appeals.