AKKAMMA Vs. HANUMEGOWDA

JUDGEMENT

(1.) The defendant filed the present writ petition against the order dated 01.07.2017 on I.A.No.12 made in O.S.No.222/2012 allowing the application filed by the plaintiff under Order 6 Rule 17 r/w Section 151 of Code of Civil Procedure for amendment of the plaint.

(2.) The respondent plaintiff filed suit for permanent injunction against the defendant in respect of suit schedule property mainly contending that the plaintiff is the absolute owner of the 'A' schedule property. The suit schedule property belongs to husband of the defendant on the southern side. The katha of the said house was changed into the name of the defendant from her husband for the reasons best known to them. In between 'A' and 'B' schedule property, there is a private road. The said road is formed by the plaintiff and the same absolutely belongs to plaintiff and the plaintiff has been using the said private road for his personal use. The plaintiff is also one of the owner of the property towards the western side of the suit 'B' schedule property. The plaintiff have property towards northern and western side of the suit 'B' property and the defendant without any manner of right, title have encroached the property belonging to the plaintiff. Therefore, he filed suit for permanent injunction restraining the defendant, her husband, her agent or any other person purporting to act on her behalf from interfering or constructing the building illegally by encroaching the property belonging to the plaintiff towards Northern and Western side of the plaint 'B' schedule property.

(3.) The defendant filed written statement and denied the plaint averments and contended that they never encroached the suit schedule property and there is no road and plaintiff is not the owner of the road as alleged and the suit filed by the plaintiff is not maintainable and sought for dismissal of the suit.