SIDDAMMA AND ORS. Vs. UMAKANT

JUDGEMENT

(1.) THESE appeals are by the plaintiff. The defendant filed O.S. No. 39/2009 in the Court of Principal Civil Judge at Humnabad against the respondent, to pass decree of perpetual injunction with respect to open space, measuring 20.2"x18ft of property bearing GP No. 1 -25, situated at Dhubalgundi village, taluk Humnabad. The respondent/defendant filed cross -objection and also O.S. No. 75/2009 against the appellant(s) to pass decree of declaration of joint ownership in respect of the suit wall and for consequential relief of perpetual injunction, apart from other reliefs.

(2.) THE respondent is the owner of property bearing GP No. 1 -24. The properties of the parties are situated adjoining to each other. The vendor of the appellant and the respondent is common, examined in the suit as DW.3. Both suits and the counter claim having been contested, issues were raised separately. The appellant having filed an application to club the suits, was allowed by an order dated 30.01.2010 and the suits were clubbed for holding common trial. An application having been made, a Court Commissioner was appointed to conduct local inspection and the report submitted was not challenged. In order to prove the case of the appellant, she got herself examined as PW.1 and marked Exs.P1 to P34. In order to rebut the case of the appellant and to prove his counter claim and the claim made in O.S. No. 75/2009, the respondent got himself examined as DW1 and examined two persons as DWs.2 and 3 and marked Exs.D1 to D7.

(3.) WHETHER defendant proves that the order passed by Taluka panchayat in AP No. 1/97 -98 is null and void?