YALAGOUDA @ NEELAGOUDA IRAGOUDA PATIL Vs. LAXMAN RAMA PUJARI

JUDGEMENT

(1.) This second appeal under section 100, C.P.C. is by the defendants in O.S. No. 202/1999 on the file of the Addl, Civil Judge (Jr. Dn.) Raibag and the respondents in R.A. No. 929/2009 on the file of Fast Track Court - I and Addl. Sessions Judge, Belgaum.

(2.) The unsuccessful plaintiff filed appeal under section 96, C.P.C. in the Dist. Court at Belgaum. The appeal was assigned to the Fast Track Court for consideration and decision. The points raised for consideration being relevant are extracted herein below :

(3.) Point No. (1) was answered partly in the affirmative and the appeal was allowed in part and the impugned Judgment and Decree was set aside. The suit was decreed in part and defendants were restrained from interfering with the peaceful possession and enjoyment of the suit property by the plaintiff. The defendants were further restrained from letting bathroom and latrine water in the suit schedule property and also from parking their vehicles or keeping any agricultural instruments.