UMA BAI AND ORS. Vs. LAKSHMIDEVI

JUDGEMENT

(1.) Defendants 1 & 2 in O.S. No. 322/2014 have filed this Miscellaneous First Appeal challenging the order dated 08.07.2014 passed by the Court partly allowing the application filed by the plaintiff/respondent herein under Order XXXIX Rules 1 & 2 CPC. The Court below has restrained defendant No. 1 from dismantling/demolishing the residential house and cattle shed situated over a portion of the suit schedule property till the disposal of the suit. The Court below has further made it clear that plaintiff shall not take advantage of the temporary injunction granted to claim possession over remaining portion of the suit schedule property except the area on which residential house and cattle shed were situated.

(2.) Suit has been filed seeking relief of declaration that plaintiff has become the owner of the property by way of adverse possession. She has also sought for permanent injunction to restrain the defendants from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property. Plaintiff has based her right over the property by contending that one Hanumanthaiah was the propositus of the family of the plaintiff. He had two wives. First wife died issueless. Second wife had four children. There was a partition between the members of the family of Hanumanthaiah during the year 2000 and in the said partition, suit property was allotted to the share of the plaintiff.

(3.) Plaintiff has contended that Hanumanthaiah died in the year 2011 and after his death, plaintiff has been in continuous possession of the suit property along with her husband and children in the residential house constructed in the suit schedule property. Plaintiff has also contended that her family had entered into possession of the property way back in the year 1997 and since then, they have enjoyed the property by installing a borewelll in the suit land and had been growing different crops therein.