SHIVARAYA AND ORS. Vs. RAMACHANDRA AND ORS.

JUDGEMENT

(1.) THIS second appeal, under Section 100 CPC, is by the L.Rs. of the deceased plaintiff. O.S. No. 37/2001 was instituted in the Court of the Prl. Civil Judge (Jr.Dn.), Gulbarga to pass a decree of declaration that the permission granted by the City Corporation, Gulbarga on 04.09.2003 and the map enclosed with the said permission are illegal, unauthorised and against the provisions of law and to pass a decree of perpetual injunction and restrain the defendants from opening any door, window, ventilators on the Northern and Southern side of house No. 10 -20/2, in Plot No. 12 of Pardi (survey) No. 13 of Brahmapur, Gulbarga and also to pass a decree of mandatory injunction against the defendants to close the three windows and two drains opened to the Eastern wall of their house No. 10 -18 i.e., towards the Western side of the suit property. Relief was claimed on the ground that the plaintiff is the owner and possessor of house No. 10 -20/2 in plot No. 12 of Pardi (survey) No. 13 situated at Brahmapur, Gulbarga. The claim of the plaintiff was contested by the defendants by filing written statement. Issues were raised on 13.08.2003 and the additional issues were raised on 12.12.2005.

(2.) THE issues and additional issues raised are the following:

(3.) WHAT order or decree?