VASANTH Vs. AMBRISH ATTAVAR LOKESH

JUDGEMENT

(1.) BOTH these cases have been posted for admission. Heard the arguments from the learned counsel for the appellants. These appeals have arisen out of the original suits bearing O.S.Nos.305/1999 and 235/2001, which were pending on the file of the Principal Civil Judge (Jr.Dn.), Dharwad.

(2.) APPELLANTS and respondents are identical in both these cases. Suits filed by them had been decreed as prayed for on 14.02.2003 holding that the construction and alteration of the petrol bunk is in violation of the provisions of the Petroleum Corporation Act and Municipal bye laws. The mandatory injunction has been granted to demolish and remove the construction made in violation of the Petroleum Corporation Act and Rules within three months. The defendants had filed appeals under Section 96 of CPC in R.A.Nos.69 and 70 of 2003 and 149 and 150 of 2003, but they were appeals filed against the judgment and decree passed in two suits bearing O.S.Nos.305/1999 and 235/2001. Appellants were the plaintiffs 1 to 3 in those two suits. Respondents herein were the defendants Nos.1 and 2 in the said suit. The suit schedule property is one and the same in both the suits. The said suits had been clubbed and common evidence had been recorded. Regular appeals have been allowed and thereby suits have been dismissed.

(3.) THE case of the plaintiffs in O.S.No.305/1999 is that the plaintiffs and their brothers are joint owners of residential properties bearing CTS No.76B/HYG and they stand in the name of their mother who died in the year 1997. Plaintiffs are stated to be residing as per their convenience in the said house. Defendant No.1 is the owner of the properties bearing CTS No.76A/HYG and the same has been leased out to Bharat Petroleum Ltd., Bombay. The property of the plaintiffs and the defendants are stated to be adjoining to each other and in between these two properties, there is a common compound wall. It is the specific case of the plaintiffs that defendant No.1 is a Petroleum dealer under defendant No.2 and he is running the petrol bunk in CTS No.76A and has also been running service station under the name and style "Canara Auto Service Station" for the last few months.