SHANTAMMA Vs. KOTAYYA

JUDGEMENT

(1.) THE petitioner who is the plaintiff filed the above writ petition against the order dated 27.4.2015 passed in M.A. No. 3/2015 on the file of Senior Civil Judge, Yellapur, sitting at Haliyal, modifying the order passed by the Trial Court dated 20.03.2015 permitting the defendant to proceed with the construction work within his property as per the building licence and without making any encroachment in the property of the plaintiff

(2.) THE petitioner -plaintiff has filed O.S. No. 16/2015 for bare injunction against the defendant in respect of the suit schedule property more fully described in paragraph 1 of the plaint contending that she is the owner and is in possession of the property in question and defendant by taking undue advantage of her position is trying to interfere with her property. On 20.1.2015 with an intention to encroach upon the vacant area when the plaintiff resisted the same and kept quite for some time, again the defendant interfered in the suit site and suddenly has started building construction work by making encroachment on the southern portion of the suit site, without obtaining the necessary permission from the CMC, Dandeli, etc.

(3.) AFTER considering the application and objections and hearing both the parties, the learned Civil Judge and JMFC by his order dated 20.03.2015 granted temporary injunction in favour of the plaintiff restraining the defendant, his agent, workers etc., acting on his behalf by way of temporary injunction from making any encroachment over the suit property till the disposal of the suit. Aggrieved by the said order the defendant filed appeal No. M.A. No. 3/2015. The Appellate Court after hearing both the parties by its order dated 27.4.2015 has modified the order passed by the Trial Court and permitted the defendant to proceed with the construction as per the building license dated 21.02.2015 within his property without making any encroachment in the property of the plaintiff Against the said order the present writ petition is filed.