JAYASHREE Vs. K.N.JAGADEESH

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondent.

(2.) This appeal is filed challenging the judgment and decree of dismissal of suit in O.S.No.7241/2006, wherein prayer was sought for the relief of permanent injunction.

(3.) The factual matrix of the case of the original plaintiff before the Trial Court while seeking the relief of permanent injunction is that suit schedule property was purchased through a registered sale deed dtd. 23/4/2004 from Sri Boranna and his son Sri B. Kale Gowda through their Power of Attorney holder Smt. Ambikavathi. It is contended that subsequent to purchase, the plaintiff was in actual and physical possession of the suit schedule property. The defendant/respondent tried to interfere with peaceful possession of the appellant. It is also contended that on 4/8/2006, the defendant trespassed the property bearing Sy.No.16 and tried to do Bhoomi pooja and along with the plaintiff, one person by name Narasimhamurthy also came. Hence, filed the suit against the defendant for the relief of permanent injunction, since Narasimhamurthy did not interfere with the possession of plaintiff.