RAJAMMA Vs. SWAMYGOWDA

JUDGEMENT

(1.) THIS is a plaintiffs' Writ Petition challenging the order passed by the lower Appellate Court which has set aside the order of eviction granted by the trial Court and allowed the appeal.

(2.) THE properties belonging to the joint family were the subject matter of a suit in O.S. No. 462/1989. After contest, preliminary decree came to be passed and thereafter, final decree proceedings were initiated. In the final decree proceedings, Commissioner was appointed. He went to the spot, prepared a sketch, suggested how partition is to be effected and accordingly, final decree was passed on 13.02.2004. It is thereafter, the defendants in the present suit are in exclusive possession of the properties which were allotted to them in the final decree proceedings. Now they want to demolish the old structure and put up a new one. At this stage, the plaintiffs filed a suit complaining that, they should be prevented from demolishing the construction and sought for an order of permanent injunction. The trial Court granted temporary injunction. The Appellate Court has set aside the same on the ground that, the plaintiffs instead of trying to take their possession which had been allotted to them in the final decree proceedings are trying to interfere with the enjoyment of the properties which are allotted to the share of defendants. It held that, there are no bonafide and no prima facie case was made out to grant permanent injunction and allowed the appeal. Aggrieved by the said order, the present Writ Petition is filed.