M. MARULARADHYA Vs. ESHWARAPPA

JUDGEMENT

(1.) The appellants have challenged the judgment and decree of injunction granted by First Appellate Court in RA No. 295/2002 reversing the decree of the trial Court by dismissing the suit instituted by the respondents for the relief of declaration and injunction, is challenged in this second appeal.

(2.) WHETHER the lower Appellate Court is justified in passing the decree of permanent injunction having dismissed the suit seeking declaration of title? Whether the lower Appellate Court is justified in holding that the plaintiffs are in possession and enjoyment of the suit property, despite the recitals in Exs. D7 and D8 as well as Exs. D1 to D5?

(3.) HEARD the learned Counsel for both the parties.