GOPREDDY Vs. BHAGANNA

JUDGEMENT

(1.) Miscellaneous Second Appeal No. 37 of 1980 by the defendants is directed against the judgment and decree dated 15-11-1979 passed by the Civil Judge, Yadgir in Regular Appeal No. 41 of 1979 setting aside the judgment and decree dated 18-4-1975 passed by the Munsiff, Chittapur, in Original Suit No. 25 of 1973 and remanding it to the inactment.

(2.) Miscellaneous Second Appeal No. 38 of 1980 by the plaintiffs is directed against the judgment and decree dated 15-11-1979 passed by the Civil Judge, Yadgir, in Regular Appeal No. 40 of 1979 reversing the judgment and decree dated 18-4-1975 passed by the Munsiff, Chittapur in Original Suit No. 22 of 1973 and remanding the matter to the trial court for frerh disposal.

(3.) The appellants in both these appeals are the plaintiffs ir Original Suit No. 22 of 1973. The respondent in both the appeals was the defendant in Original Suit No. 22 of 1973 and the plaintiff in Original Suit No. 25 of 1973. The appellants filed Original Suit No. 22 of 1973 for declaration of their ownership in respect of land bearing Survey No. 50/1, hissa-1 and also for an injunction restraining the respondent from taking the water of the suit well for irrigation through their land Survey No. 50,1, hissa 1 to his land Survey No. 50/3. The respondent who is the plaintiff in Original Suit No. 25 of 1973, filed the suit for a permanent injunction restraining the defendants from disturbing and interfering with the use and enjoyment of the water of the common well situated in Survey No. 50/1 of Chikalur, during his turn coming on Sunday and Monday every week. According to him, he is the owner of Survey No 50/3 measuring 25 guntas and also Sy, No. 50/1 hissa No. 2 measuring 2 guntas.