T.V. MUNIYAPPA Vs. K.R. HANUMAPPA

JUDGEMENT

(1.) THE appellants have challenged the judgment and decree of injunction granted by the First Appellate Court allowing the appeal of the respondent and setting aside the dismissal of the suit ordered by the trial Court.

(2.) THE brief facts relevant for the purpose of this appeal are as under:

(3.) IT is the contention of the learned counsel for the appellants that the First Appellate Court has committed an error in holding that the respondent is the owner of the suit properties in yards and not in feet. He submits that the respondent has not produced any title deeds to establish the measurement of the suit properties and it is for this reason that the trial Court had dismissed the suit. It is also his contention that the First Appellate Court has not assigned valid reasons to overcome the findings of the trial Court which is based on the material document and other oral evidence. It is also his submission that the respondent has to approach the Court for relief of declaration and as there is a complicated question relating to the measurement of the suit properties, it cannot be decided in an injunction suit. He submits that the respondent was in the management of the Panchayath and has created fictitious documents so as to show the suit properties in yards though he is the owner of the suit properties with the measurements in feet. Hence, he seeks to set aside the impugned judgment and decree.