LURDHAMMA Vs. JOSEPH

JUDGEMENT

(1.) The respondent herein has filed a suit in OS No. 176/2010 before the Civil Judge, H.D. Kote, for the relief of permanent injunction against the appellant herein who is the defendant before the Trial Court.

(2.) For the purpose of convenience and to avoid confusion, the ranks of the parties before the court below are retained.

(3.) The plaintiff claiming to be the owner in possession and enjoyment of suit schedule property bearing Survey No. 79 measuring 1 acre 5 guntas situated at Hirehalli village, Kasaba Hobli, H.D. Kote having specific boundary i.e., to say towards East by -land of defendant/Joseph, West by - road, temple and land of Vykuntaiah, North by - land of Philomin Raj and South - by Canal (Nala). It is contended that all revenue records are standing in her since the date of acquisition of the said property. It is contended that the defendant started troubling the plaintiff prior to the suit, attempted to construct a house in the property of the plaintiff. Therefore, there was a panchayath convened to advice the defendant as the defendant did not heed to the advice, started interfering with the possession and enjoyment of the suit schedule property of the plaintiff, the plaintiff was forced to file the suit.