LAWS(KAR)-1987-12-23

G RAMAKRISHNA KAMATH Vs. AITHAPPA MAISTRY

Decided On December 16, 1987
G.RAMAKRISHNA KAMATH Appellant
V/S
AITHAPPA MAISTRY Respondents

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree dated 31-3-1977 passed by the learned Civil Judge, Mangalore, South Kanara, in R.A. No. 62/1976 confirming the judgment and decree dated 12-7-1976 passed by the learned I Additional Munsiff, Man- galore, in O.S.No. 599/1974. Thus the appellant in this appeal is the plaintiff and the respondents are the defendants.

(2.) In this judgment, the appellant and the respondents will be referred to as the 'plaintiff and 'defendants' respectively.

(3.) The suit was filed on 24-9-1974 for a permanent injunction restraining the defendants, their men, servants, agents, representatives and assigns from in any way interfering with or preventing the flow of water from the plaintiffs property to the defendants' property and its outlets through the eastern compound wall of the defendants' property to the poramboke Municipal channel by the side of Kavoor cross road.