SUSHEELA S Vs. LAKSHMANA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree of dismissal of the suit in O.S.No.5827/1998 on the file of the XVI Additional City Civil and Sessions Judge, Bengaluru, (CCH-12) dated 26.02.2005.

(2.) The brief facts of the case are that; the plaintiff/appellant has filed the suit against the defendants seeking the relief of permanent injunction restraining the defendants or anybody claiming through them from illegally dispossessing the plaintiff from the schedule property or any portion thereof and to grant such other relief as the Court deems fit in the circumstances of the case.

(3.) The plaintiff has contended in the plaint that he is the absolute owner of the schedule property having derived the title by way of Hakku Patra issued by the Government of Karnataka on the occasion of 28th Annual Function of Independence dated 25.05.1984, and subsequently the plaintiff has applied for change of katha in her name and the Sarakki Group Panchayat has issued khata endorsement. Further, it is the case of the plaintiff that defendant Nos.1 and 2 in collusion with defendant No.3 who are the utter strangers to the plaintiff, came near the suit schedule property on 27.07.1998 and made attempts to interfere with her peaceful possession and enjoyment of the schedule property by digging foundation to erect compound wall. The plaintiff with great difficulty resisted the illegal acts of the defendants. The defendants have threatened that they would come again in large numbers and dispossess the plaintiff. Hence, the plaintiff, without any other option, has approached the Court by filing the suit.