NAGENDRA THAKAPPA BOBATE Vs. DEMAKKA

JUDGEMENT

(1.) APPELLANTS are the legal representatives of deceased defendant No.1 of an original suit bearing O.S.No.111/1992, which was pending on the file of the Additional Civil Judge, (Jr.Dn.) Khanapur. Respondent No.1 is the plaintiff in the said suit. Other respondents are the legal representatives of deceased defendant No.2. Parties will be referred to as plaintiff and defendant Nos.1 and 2 as per their ranking given in the trial Court.

(2.) SUIT filed for the relief of permanent injunction came to be dismissed after contest vide judgment dated 28.09.2000, as against which, an appeal came to be filed under Section 96 of CPC in R.A.No.52/2008 before the Court of Fast Track, Khanapur. The said appeal has been allowed and the suit of the plaintiff has been decreed as prayed for granting the relief of permanent injunction against the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property measuring 4 acres 20 guntas of land in Sy.No.98 of Godholi village, Khanapur Taluk.

(3.) THE facts leading to the filing of the suit are as follows: