PREMANATH KAKDE Vs. AMARNATH

JUDGEMENT

(1.) The defendant/appellant herein has called in question the judgment and decree of the Trial Court passed in OS No. 829/2006 dated 23rd June, 2014 by the XLIII Addl. City Civil and Sessions Judge, CCH 44, Bangalore.

(2.) The ranks of the parties is referred to as per their ranks before the Trial Court.

(3.) The main contention of the learned counsel for the defendant/appellant as per the arguments is that, the defendant countering the plaintiff 's case, has also explained his case as to how he acquired the suit schedule property and how he has become the owner of the suit schedule property and also, how the plaintiff has wrongfully made some construction in the suit schedule property and how the defendant is entitled for permanent injunction and also for Mandatory injunction. It is also contended by the learned counsel for the appellant that the Trial Court though framed several issues casting burden on the plaintiff and defendant, but has not whispered anything about the evidence both documentary and oral, tendered by the plaintiff and defendant and also not even discussed the pleadings of the parties whether those pleadings are proved by way of documentary and oral evidence. But in a very cryptic manner, the Trial Court has passed the judgment refusing to grant the relief to the plaintiff and the defendant as prayed by the parties. Therefore, he seeks the indulgence of this court either to allow the appeal in To or if the court comes to the conclusion that no reasons have been assigned by the Trial Court and no proper findings are given on the issues framed casting burden on the parties, then the matter has to be remitted to the Trial Court for fresh disposal not only with respect to the counter claim of the defendant, but also to the findings on the issues framed casting burden on the plain -tiff which are inter connected with the defendant 's case, otherwise affect the case of the defendant.