NAZEER AHMED Vs. TUMAKURU URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The appellant is before this Court seeking the following relief; Allow the appeal, set aside judgment and decree dtd. 20/3/2015 passed by the Court of the 1st Addl. Senior Civil Judge and ACJM at Tumakuru in R.A.No.40/2011 and restore the judgment and decree dtd. 9/6/2011 passed by the Court of the 2nd Addl. Civil Judge & JMFC at Tumakuru in O.S.No.743/2008, with costs throughout, in the interest of justice and equity.

(2.) The appellant had filed OS No.743/2008 seeking an order of injunction restraining the Defendant - The Commissioner, Tumakuru Urban Development Authority (hereinafter referred to as "TUDA") from interfering with the plaintiff's peaceful possession and enjoyment. The said suit came to be decreed by the trial Court vide its judgment dtd. 9/6/2011. The TUDA took up the same in an appeal in RA No.40/2011 before the I Addl. Senior Civil Judge and ACJM at Tumakuru, who vide its judgment dtd. 20/3/2015, set aside the judgment and decree passed by the trial Court and rejected the plaint. It is challenging the divergent finding of the Appellate Court, that the plaintiff is before this Court.

(3.) Sri.A.V.Gangadharappa., learned counsel appearing for the appellant-plaintiff, would submit that;