T. VENKATRAMANA BHAT Vs. SUBRAMANYA BHAT

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree dtd. 24/1/2011 passed in R.A.No.10/2009 by the Principal Senior Civil Judge, Puttur, D.K.

(2.) The factual matrix of the case of the plaintiff before the Trial Court that he has filed the suit in O.S.No.99/2006 for the relief of permanent prohibitory injunction restraining the defendant, his men, servants, legal representatives or anybody claiming through or under him from in any way encroaching upon the plaint 'C schedule roadway or from reducing its width or from blocking the plaint 'C schedule property measuring 12 to 15 feet wide motorable roadway branching from the panchayat road namely Alankar to Kakve at place called Karthutelu and passing across the Sy.No.118/1 of Alankar village, Puttur taluk, D.K. and connecting the house of the plaintiff.

(3.) It is contended in the plaint by the plaintiff that he is the absolute owner of agricultural kadim warga land bearing Sy.No.116/7 to the extent of 0.47 acres situated at Alankar village, Puttur taluk, D.K. amongst other lands which was acquired by virtue of partition deed dtd. 3/2/1988. The land described in 'B schedule of the plaint along with other lands form direct frontage kumki to the kadim warga lands mentioned in the 'A plaint schedule. It is further contended that both 'A and 'B schedule properties are in a compact block, enclosed by common physical boundaries like fencing and agalu. The plaintiff has raised vast agricultural improvements in both the plaint 'A and 'B schedule properties and he has also constructed a new residential house in Sy.No.116/7 in plaint 'A schedule property after the partition. It is contended that the road has been more fully described as schedule 'C in the plaint.