B. LINGAMMA Vs. HAMPINAKATTI HNUMANTHAPPA

JUDGEMENT

(1.) PLAINTIFF of an original suit bearing O.S. No. 288/2006 which was pending on the file of the Court of Prl. Civil Judge (Jr. Dn.) & JMFC, Hospet, is before this Court by filing an appeal under Section 100 of CPC.

(2.) THE suit filed for the relief of permanent injunction and for mandatory injunction has been dismissed after contest. Appeal filed under Section 96 of CPC in R.A. No. 23/2008 before the Court of Addl. Senior Civil Judge, Hospet, has been dismissed. Hence the plaintiff is before this Court. Respondent before this Court is the defendant in the said suit. Parties will be referred to as plaintiff and defendant as per their ranking given in the trial Court.

(3.) CASE of the plaintiff is that she is the absolute owner of house property bearing D No. 406, Old No. 257 in Ward No. 4. According to the plaintiff, the western side of the main road runs towards the Railway station and eastern side road is a small road which runs North to South and being used by the residents living on the southern side in order to reach the main road i.e., Railway Station. Plaintiff wants this road. The open space is being used by the plaintiff and her son who is a medical practitioner to bring carts and other vehicles to reach the western side of the house. Since the defendant had put up a temporary hut in a portion of the road which is used by the plaintiffs son and plaintiff to reach the Railway Station road, relief of mandatory injunction has been sought.