LAWS(KAR)-2015-8-11

KENCHAPPA Vs. GOWRAMMA

Decided On August 05, 2015
KENCHAPPA Appellant
V/S
GOWRAMMA Respondents

JUDGEMENT

(1.) THE petitioner herein is the plaintiff in O.S. No. 68/2006 pending on the file of the Civil Judge (Jr.Dn.) & JMFC, Challakere.

(2.) THE suit was filed for permanent injunction in respect of the suit property described in the plaint as under:

(3.) SRI . Kiran Kumar, learned Counsel appearing for the petitioner fairly concedes that there was delay on the part of the plaintiff in producing the additional documents. Throughout he was litigating under the impression that the suit property since was located within the area of Mannekote Grama Panchayat, he was under the impression that the said site was granted by Mannekote Grama Panchayat. It is only after perusing the grant certificate, he came to know that the site is granted by the then Hirehally Mandal Panchayat, which had the jurisdiction over the area coming within the limit of Mannekote and the description of the suit property will not change by allowing the amendment application. Under the circumstance, he prays that the order passed by the court below may be set aside.