SANGAWWA Vs. PATTAN PANCHAYAT

JUDGEMENT

(1.) THE plaintiffs in an original suit bearing O.S. 225/2001 which was pending on the file of Court of Principal Civil Judge (Jr. Dn.), Gadag are before this Court as they are aggrieved by the divergent judgment passed by the Court of Civil Judge (Sr. Dn.) and CJM, Gadag in R.A. 169/2006.

(2.) THE suit filed for the relief of permanent injunction by the plaintiffs against the defendant Pattan Panchayat had been decreed on 25.11.2004 restraining the defendant from removing fire wood stored in the open space bearing TMC No. 1475 of Mulgund. The said open space is said to be abutting the plaintiff's house and the road. At the same time, operative portion of the judgment dated 25.11.2004 discloses that defendant has been permitted to protect the property on the ground that judgment will not come in its way.

(3.) PERUSED the records of both the Courts.