SHIVAPPA SHETTY Vs. B A SRIKANTA SHETTY

JUDGEMENT

(1.) THIS second appeal is filed by the legal representatives of the plaintiff assailing the correctness of the judgment and decree dated 31 st July 2000 passed by the learned Prl. District Judge, Hassan, in r. A. No. 3/96.

(2.) HEARD the learned advocates appearing on behalf of both sides arid perused the material on record. For the sake of convenience, the parties are referred to as per their ranks before the trial Court.

(3.) PLAINTIFF filed a suit in O. S. No. 46/ 1991, for declaration and injunction initially in respect of four properties. The trial Court decreed the suit. On appeal by the defendants, the first appellate Court reversed the judgment of the trial Court relating to declaration. However, the first Appellate Court confirmed tne judgment ami decree with regard to perpetual injunction. Thus, the suit was decreed in part in so far as it relates to prayer for injunction was concerned. Against the refusal of relief of declaration, the legal representatives of the plaintiff have filed this second appeal.