RUDRAPPA Vs. PRAKASH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree passed in R.A. No.34/2007 dated 2.1.2012 on the file of the Senior Civil Judge, Holalkere, wherein, judgment and decree dated 7.7.2007 passed by the Civil Judge (Jr. Dn.), Holalkere, in O.S. No.29/2006, was confirmed.

(2.) The suit in the first instance was filed in O.S No.29/2006 on the file of learned Civil Judge (Jr. Dn.), Holalkere, wherein the plaintiff claimed permanent injunction in respect of the property measuring 16 x 12 feet which is on the southern side of the house of the plaintiff. The defendant is one Prakash. The suit came to be dismissed holding that the plaintiff has not produced title or documents of inheritance. The regular appeal by the plaintiff in R.A. No.34/2007 almost on the similar grounds was rejected by the first appellate Court, against which this appeal is preferred.

(3.) The schedule property as described in the plaint is the property bearing katha No.19 measuring 16 x 12 ft. situated at Gunjiganur village, Holalkere Taluk, abutting the southern side of the house of the plaintiff.