SHRIKANT Vs. SUBHAS AND ORS.

JUDGEMENT

(1.) The petitioner-plaintiff/appellant filed the above writ petition against the order date 05.06.2015 dismissing his application I. A. No. V filed under Order XVIII, Rule 18 of the Code of Civil Procedure, 1908 (for short "the CPC").

(2.) The plaintiff/petitioner filed O.S. No.146/2009 for declaration of title in respect of suit schedule "A" property and consequential relief of mandatory injunction against the defendant to hand-over the vacant possession of the suit schedule properties by removing the illegal construction, contending that the plaintiff is the absolute owner and in possession of the suit schedule properties, purchased under the registered sale deed dated 13.04.2005 for valuable consideration and the defendant is the adjacent owner of suit schedule "B" property and for some unavoidable circumstances, the defendant subsequent to that constructed some temporary erections in the property of one Basavaraj Bimappa Chalageri and the same was situated towards western side of suit schedule "A" property. The defendant without any right, title in respect of suit "A" property, high handedly, constructed permanent erection by encroaching the plaintiff's property to an extent of 10x15 feet approximately, etc.

(3.) The defendant filed written statement, resisted the plaint averments and sought for dismissal of the suit.