PADMANABHA S. SHETTIGAR S/O. VEERA SHETTIGAR AND SMT. NIPMALA P. SHETTIGAR W/O. PADMANABHA SHETTIGAR Vs. THE COMMISSIONER, UDUPI CITY MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE appellants herein were the plaintiffs in O.S. No. 158/98. The suit in question was Sled seeking for the relief of declaration, permanent injunction and mandatory injunction. The Trial Court after considering the rival contentions has dismissed the suit by its judgment dated 03.08.2000. The plaintiffs were therefore before the Lower Appellate Court in R.A. No. 120/2000. The Lower Appellate Court on re -appreciation of the evidence has affirmed the findings of the Trial Court and concurred with the judgment Against the concurrent findings and judgments and decree rendered by the Courts below, the plaintiffs are before this Court in this second appeal.

(2.) THE parties are referred to in the same rank as assigned to them before the Trial Court for the purpose of convenience and clarity.

(3.) THE learned Counsel for the respondent however, sought to justify the judgments passed by the Courts below. The learned Counsel would contend that in a matter of this nature where a personal relief had been sought for by the plaintiffs, the Trial Court has appropriately appreciated the situation that the construction in question was existing even prior to the area coming within the jurisdiction of the defendant and more particularly, such a construction was existing even prior to the purchase of the adjacent premises by the plaintiffs and therefore, the Courts below are justified and the judgments do cot call for interference.