SHESHAMMA Vs. CHANNAPPA

JUDGEMENT

(1.) APPEAL arises out of the dismissal of the suit filed by the plaintiffs for injunction in respect of the way being used in property bearing Sy.No.8 measuring 15 acres situate at Kaluvehalli Village belonging to them, which has fallen to their share in the partition.

(2.) AS per the admitted facts, property in Sy.No.18 and 20 has fallen to the share of the defendants. It appears on the ground although there are separate ways on the eastern and western side of Sy.No.8 beyond the boundaries but still the defendants are trying to interfere and making use of the road in Sy.No.8 as such, the suit came to be filed for permanent injunction.

(3.) THE trial court raised relevant issues for consideration and held that plaintiffs are not entitled for an order of injunction. In the appeal filed against the said order by the plaintiffs, it was contended that there is no way available in Sy.No.8. Even though on both the eastern and western side of the property in Sy.No.8 there is a tar road available, unnecessarily the defendants are trying to interfere with the peaceful enjoyment of the property by making a road despite there is no such road on Sy.No.8.