M V GANGADHARAIAH Vs. EXECUTIVE OFFICER TALUK PANCHAYATH

JUDGEMENT

(1.) Plaintiff in OS.No.63/2003 on the file of Civil Judge & JMFC, Gubbi, has come up in this second appeal impugning the concurrent findings of both the courts below in dismissing his suit for permanent injunction.

(2.) Brief facts leading to this second appeal are as under:

(3.) According to plaintiff, the suit schedule property consists of a house along with a stone grinder for extracting Honge and Neem oil. Besides that said land has coconut trees in its periphery which are in his possession and enjoyment. It is also stated that there is a shed in the said property where he has been storing Neem and Honge seeds for extraction of oil. According to him, the suit property which is an agricultural land is bounded on East by Gramthana (village), West by A.K.Colony, North by Land of Krishnamurthy and others and South by Land of Doddarangaiah. It is stated that when he was in possession of the property in the aforesaid manner there was a threat by defendants 4 and 5 to trespass into a portion of his property with the assistance of 3rd defendant Shivaram, Bill Collector of Grama Panchayath, Peddanahalli. It is in this background that he has filed the suit for permanent injunction against the Executive Officer of Taluka Panchayat and Grama Panchayat of Peddanahalli, by its Secretary, also against the Bill Collector of said Grama Panchayat. Besides these three official defendants, the other private parties namely, Jayalakshmamma and Siddalingaiah are also arrayed as defendants on the premises that they are also trying to encroach into his property.