K. A. JAGANNATH Vs. K. E. PADMEGOWDA

JUDGEMENT

(1.) Challenging judgment and decree dtd. 25/7/2023 passed by II Additional Senior Civil Judge, Chikkamagaluru, in R.A.no.41/2022 and judgment and decree dtd. 7/9/2022 by Principal Civil Judge, Chikkamagaluru, in O.S.no.444/2015, this second appeal is filed.

(2.) Sri Gururaj R., learned counsel for appellants submits that appeal is by defendants (except defendant no.6) in O.S.no.444/2015 filed by respondent no.1 (plaintiff) seeking for permanent injunction restraining defendants from trespassing into property bearing Sy.no.80, Block no.2, measuring 30 guntas, situated at Koduvalli village, Vasthare Hobli, Chikkamagaluru Taluk (hereinafter referred to as 'Suit Property') of which plaintiff was owner.

(3.) In plaint, it was stated that Suit Property had fallen to share of plaintiff in partition dtd. 1/7/2015 and by virtue of same, plaintiff had become absolute owner and was in possession and enjoyment of Suit Property. Defendants being villagers without having any right objected plaintiff fencing Suit Property by claiming that said land was required for burial ground. It was stated that Suit Property was never used as burial ground nor reserved for same and that there was 2 Acres of land situated near Kesarike road of Koduvalli village for said purpose. It was stated, since defendants objected against plaintiff's possession and enjoyment of Suit Property, on 14/10/2015, a police complaint was lodged before Aldur Police Station, who directed complainant to approach Civil Court. Therefore, suit was filed.