ARUN KUMAR AND ORS. Vs. M. NAGAPPA SHETTY

JUDGEMENT

(1.) THIS is plaintiffs second appeal questioning the correctness and legality of the judgment and decree passed by IV Addl. District and Sessions Judge, D.K., Mangalore in R.A. No. 705/2004 (Old No. R.A. 151/1999) dated 22.02.2014 whereunder first appellate Court has set aside the findings recorded by V Addl. Civil Judge (Jr.Dn), Mangalore, D.K in O.S. No. 652/1996 on issue Nos. 3 and 4 by allowing the appeal and rejecting the prayer of plaintiffs for perpetual injunction and in effect dismissed the suit of plaintiff which had been filed for permanent injunction.

(2.) I have heard the arguments of Sriyuths G. Balakrishna Shastry, learned Advocate appearing for appellants and Nataraj Ballal, learned Advocate appearing for respondent and perused the judgment and decree passed by the Courts below.

(3.) PARTIES are referred to as per their rank in the trial Court.