GULABSHA Vs. MAHAMMADYUSUF AND ORS.

JUDGEMENT

(1.) HEARD the learned counsel for the appellant. Perused the judgment passed in O.S. No. 17/2011 by the Senior Civil Judge, Basavana Bagewadi on 07.08.2013 and the judgment passed by the learned Principal District Judge, Vijaypur in R.A. No. 115/2013 on 11.02.2015.

(2.) PETITIONER was the sole plaintiff in O.S. No. 17/2011 and respondents were the defendants in the said suit. Plaintiff had filed a suit for the relief of permanent injunction requesting the Court to grant a decree of permanent injunction against the defendants from putting up any construction in ABCD open site belonging to the Dargah. The said suit was contested by the defendants and on the basis of the same, the following issues came to be framed as found in paragraph No. 5 of judgment passed in O.S. No. 17/2011.

(3.) BEING aggrieved by the judgment dated 07.08.2013 plaintiff had filed an appeal in terms of Section 96 of CPC before the Court of Principal District Judge at Vijaypur, in R.A. No. 115/2013. The said appeal has been dismissed by framing the following points for consideration as found in paragraph No. 10 of the judgment passed in R.A. No. 115/2013.