MALHAR RAO Vs. KISHAN RAO

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the records. The present appeal is admitted to consider the following substantial question of law framed by this Court on 14.07.2005:

(2.) Plaintiff has filed this appeal under Sec. 100 of CPC, challenging the divergent judgment passed against him in R.A. No. 548/2004. Respondent is the sole defendant in the suit filed by this appellant in O.S. No. 474/1993, before the Court of Civil Judge (Jr. Dn.), Jewargi, Gulbarga district.

(3.) Plaintiff had filed a suit for the relief of declaration to the effect that the wall existing between the houses of the plaintiff and defendant is a common wall and for permanent injunction to restrain the defendant for putting the windows in the said common wall. The suit came to be decreed after contest on 25.10.2003, by framing issues as found in page No. 5 of the trial Court judgment as follows: