K N HONNAPPA Vs. KISHORE MEHTA

JUDGEMENT

(1.) Appellant being the defendant has filed this appeal challenging the judgment and decree dated 9th October 2013 made in R.A.No.80/2010 passed by the Senior Civil Judge and JMFC at Kadur confirming the judgment and decree dated 20th November 2010 made in O.S.No.239/2009 passed by the Principal Civil Judge and JMFC, Kadur.

(2.) For the sake of convenience and better understanding of the facts, the parties in this appeal are referred to as plaintiff and defendant as arrayed in the trial Court.

(3.) The plaintiff filed a suit seeking for permanent injunction restraining the defendant from interfering with his peaceful possession of the suit schedule property mentioned in the plaint. In the plaint it was contended that originally the suit schedule property was purchased by the father of the plaintiff as per two registered sale deeds dated 10-12-1998 from one K.B.Ningappa and since then the father of the plaintiff is in possession of the property. Subsequently, in the family partition, the said property was allotted to the share of the plaintiff. Since then, the plaintiff has been in peaceful possession and katha in respect of the suit schedule property was changed in the name of plaintiff in M.R.No.124/ 2004-05 dated 20-07-2005. However, the defendant tried to interfere with the peaceful possession and enjoyment of the suit schedule property. The effort of the plaintiff to resist the illegal act of the defendant did not yield any result. Hence, the plaintiff filed the suit with the above relief.