DATTAPPA YAMANAPPA NAGARAL Vs. LAXMIBAI AND ORS.

JUDGEMENT

(1.) PLAINTIFF of an original suit in O.S. 53/97 which was pending on the file of Civil Judge (Junior Divn.), Basavana Bagewadi of Vijayapura, has filed this appeal under Section 100, C.P.C. since he is aggrieved by the divergent judgment passed by the Civil Judge (Senior Divn.), Basavana Bagewadi, in R.A. 180/03.

(2.) SEVERAL grounds have been urged in this appeal. Respondents 1 to 3 are the defendants 1 to 3 in the said suit. Parties will be referred to as plaintiff and defendants as per their ranking in the trial court.

(3.) THE 1st defendant, taking advantage of the absence of the plaintiff, attempted to fix windows and water spouts and threatened the womenfolk of plaintiffs family. Therefore plaintiff was constrained to file a suit for the relief of declaration to the effect that 'AB' wall is common to both plaintiff and defendants and for permanent injunction from either fixing windows or putting water spouts.