FAKIR AND ORS. Vs. DURGAPPA AND ORS.

JUDGEMENT

(1.) Shri Shivaraj P. Mudhol, learned counsel is directed to take notice for respondent Nos. 2 to 4.

(2.) This appeal is filed by the defendant Nos. 4 and 5 against the judgment and decree dated 10.02.2012 made in R.A. No. 52/2004 on the file of the Senior Civil Judge, Honnavar, sitting at Bhatkal, confirming the judgment and decree dated 30.08.2004 made in O.S. No. 19/1997 on the file of the Civil Judge (Jr. Da), Bhatkal, decreeing the suit and directed the defendant Nos. 1 to 3 to remove electric polls in Sy. No. 41/4 from the water channel and shift the polls to the road near the suit schedule property and connect the electricity to the defendant Nos. 4 and 5.

(3.) It is the case of the plaintiff that land bearing Sy. Nos. 17/A3 measuring 14 guntas, 17/6 measuring 8 guntas, 41/4 measuring 18 guntas, Sy. No. 34/16 measuring 8 guntas and Sy. No. 34/17 measuring 19 guntas of Heble Village, Bhatkal Taluk was granted by Land Tribunal, Bhatkal in favour of the plaintiffs and his father and brother one Doddahuduga Yane Manjappa, Durgappa Naik as joint owners. The said Doddahuduga Yane Manjappa and Durgappa Naik died issue less and all the suit schedule properties are being cultivated by plaintiffs and they have paid premium amount to the Government and plaintiff filed the application before the Revenue Authorities to mutate his name in the records and it is also contended that there is a short compound all around the suit schedule properties which was made to walk around the properties and also there was a water channel to take the water into the suit land. The plaintiff got every right to use the openings of the suit schedule properties attached to the said channel and the suit schedule property having good irrigation facilities, the plaintiff is personally cultivating the land, the defendants have no manner of right, title or interest over the suit schedule properties. Defendant Nos. 1 to 3 without consent of the plaintiff at the instigation of defendant Nos. 4 and 5 had tried to put up electric poles and to draw electric live wires in and over the suit schedule properties as well as in the water channels. Further it was learnt that the said electric line proposes will lead to the ice plant to be constructed by the defendant Nos. 4 and 5. If it is done, plaintiff will not be able to cultivate the suit schedule properties, as he was cultivating previously and there is no free flow of water. Further, agricultural product grown in the suit land will be destroyed and it is not possible to irrigate or use bullocks for cultivation of the plaintiff Further there will be a leakage of power short circuit etc., and it would cause huge damage to the plaintiff. Therefore, plaintiff issued legal notice to the defendant Nos. 1 to 3. In spite of notice, they were trying to put up electric line over the suit schedule properties etc. Therefore, the plaintiff filed the suit for injunction directing defendants to remove illegal electric connection supply in and over the suit schedule properties.