LAWS(KAR)-2019-5-66

AMMANNI POOJARHI Vs. RAMA POOJARY

Decided On May 29, 2019
Ammanni Poojarhi Appellant
V/S
Rama Poojary Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed in R.A.No.73/2005 on the file of the Prl. Civil Judge (Sr.Dn.), Udupi, dated 29.07.2006 wherein learned appellate Judge dismissed the appeal and confirmed the judgment and decree dated 29.06.2005 passed in O.S.No.327/1990 on the file of the Prl. Civil Judge (Jr.Dn.), Udupi wherein defendant was restrained by way of permanent injunction from encroaching upon any portion of suit schedule property and mandatory injunction to clear and remove the Hatti Kottige encroached by him as stated in the plaint 'A' schedule property, within three months from the date of the said order, failing which the plaintiff was at liberty to get the removal done in due process of law.

(2.) In order to avoid confusion and overlapping, the parties are addressed with reference to their ranking held by them in the trial Court.

(3.) To begin with this appeal, it is filed by the defendant-Smt. Ammanni Poojarhi against the plaintiff- Rama Poojary who is the cousin brother. In the beginning, the suit was filed for the relief of permanentprohibitory and mandatory injunction. The prayer of the plaintiff in O.S.No.327/1990 is as follows: