JAYARAMA REDDY Vs. CHANDRAPPA REDDY

JUDGEMENT

(1.) The defendant in OS.No.568/1998 on the file of the learned II Additional Civil Judge (Jr.Dn) Bangalore Rural District, Bangalore (hereinafter referred to as 'the Trial Court', for short), is impugning the judgment and decree dtd. 12/6/2009 passed in RA.No.152/2006 on the file of the learned Presiding Officer, Fast Track Court-III, Bangalore Rural District, Bangalore (hereinafter referred to as 'the First Appellate Court', for short), allowing the appeal, by setting aside the judgment and decree dtd. 6/1/2006 passed by the Trial Court and thereby decreeing the suit of the plaintiff for permanent injunction and restraining the defendant from interfering with the peaceful possession and enjoyment of the plaintiff.

(2.) For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.

(3.) Facts of the case in brief are that, the plaintiff filed the suit O.S.No.568/1998 before the Trial Court seeking permanent injunction restraining the defendant from interfering with the suit schedule property. The schedule appended to the plaint describes the piece and parcel of the property bearing Kaneshumari House list No.20/13 situated within the Gramatana of Doddanagamangala village, Begur Hobli, Bangalore South Taluk, measuring 10 guntas with the boundaries mentioned therein (hereinafter referred to as 'the schedule property'). It is contended by the plaintiff that the defendant is his brother and they are having two more brothers by name, Muniraju and Venkatesha Reddy. There was a partition between the brothers and the schedule property was allotted to the share of the plaintiff. Since then, the plaintiff is in exclusive possession and enjoyment of the schedule property.