SHAKILA Vs. POOJA

JUDGEMENT

(1.) The defendant being aggrieved by the Judgment and Decree dated 07.09.2018 passed in R.A.No.165 of 2017 by the VIII Additional District and Sessions Judge, Belagavi confirming the Judgment and Decree dated 30.03.2017 passed by the Principal Senior Civil Judge and C.J.M., Belagavi in O.S.No.36 of 2011 has filed this second appeal.

(2.) The parties are referred with their ranks before the trial Court for the sake of convenience.

(3.) The plaintiff Smt.Pooja filed suit in O.S.No.36 of 2011 for the relief of specific performance of agreement of sale and mandatory injunction and perpetual injunction. It is the case of the plaintiff that the defendant is the absolute owner of properties bearing CTS No.4830/15 measuring 78.3/9 square yards, CTS.No.4830/16 measuring 382 square yards, CTS.No.4830/17 measuring 44.3/9 square yards and CTS.No.4380/18 measuring 15.3/9 square yards. All these properties are situating adjacent to each other forming one compact unit totally measuring 4680 square feet situated at Civil Hospital Road, Belagavi. There was existing old building in the said property.