NOORULLA AMIN MUSUBA Vs. CHANDRU SHENIYAR NAIK

JUDGEMENT

(1.) This second appeal is by the plaintiffs challenging the judgment and decree of the Civil Judge, Uttara Kannada dated July 24, 1991 in Regular Appeal No. 13 of 1986 arising out of the judgment and decree of Munsiff, Bhatkal dated December 21, 1985 in Original Suit No. 10 of 1983. Defendant in the suit is the respondent in the appeal.

(2.) Plaintiffs' suit is for permanent injunction restraining the defendant or anyone of his behalf from making any addition or alteration to the existing construction bearing municipal No. 1/90/60-1 situated by the side of main road in Bhatkal, District Karwar (Uttara Kannada) in revenue Survey No. 354-B of Susagadi Village in Bhatkal Taluk. Trial Court decreed the suit, but in appeal by the defendant before the Civil Judge, judgment and decree of the Trial Court are set aside and the suit of the plaintiff dismissed. Hence the second appeal.

(3.) Heard both the learned Counsel for the parties.