NAGENDRAPPA Vs. TUNGAMMA C.

JUDGEMENT

(1.) The appellant/defendant has filed the present appeal questioning the judgment and decree dated 07.09.2016 passed in R.A. No. 100/2013 on the file of Senior Civil Judge, Holalkere confirming the judgment and decree dated 28.10.2013 passed in O.S. No. 16/2008 on the file of Civil Judge and JMFC, Holalkere.

(2.) The facts leading to this case are that, the respondent/plaintiff filed a suit for bare injunction in O.S. No. 16/2008. The case of the respondent/plaintiff is that she is the owner in exclusive possession of suit house and the said property was purchased by the plaintiff under registered sale deed dated 04.12.1978. The plaintiff further averred in the plaint that she has put up construction after securing permission from the Panchayat. The plaintiff further contended in the plaint that at the time of construction of the house she has left open space on the eastern side of suit property and at that stage the present appellant/defendant who is residing towards the eastern side of the suit property has picked up quarrel and is trying to interfere with the peaceful possession and enjoyment of the said property by the respondent/plaintiff. Hence, suit for bare injunction came to be filed.

(3.) On receipt of suit summons appellant/defendant entered his appearance and filed written statement. The present appellant/defendant stoutly denied the entire averments made in the plaint. The appellant took a specific contention in the written statement that there is a road situated between the house property of respondent/plaintiff and his property. The appellant/defendant specifically averred in the written statement that the respondent/plaintiff has approached the Court by suppressing the very existence of the road. The appellant/defendant further averred in the written statement that they are making use and enjoyment of the road for the last several years and on this set of defence appellant/defendant prayed to dismiss the suit filed by the respondent/plaintiff.