MALLANNA Vs. THE STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) THIS appeal is by the plaintiff. O.S. No. 87/2008, filed in the Court of Civil Judge (Jr. Dn.), Yadgir, was dismissed as per the judgment and decree dated 15.06.2010. R.A. No. 23/2010 filed there against, in the Court of Senior Civil Judge, Yadgir, was also dismissed as per the judgment and decree dated 29.11.2010. Assailing the said judgments/decrees, this second appeal was filed.

(2.) SUIT was instituted to pass a decree of declaration of title and permanent injunction, directing the defendants not to store water in the suit land and not to use the suit property for the Tank purpose and for grant of consequential reliefs. The suit was contested. Written statement was filed by defendant No. 2 and was adopted by defendant No. 1, by filing a memo. Following issues were raised for trial:

(3.) WHETHER the defendants there is no cause of action to the plaintiff suit?