G B SHEKHARAPPA Vs. G S SHANKRAPPA

JUDGEMENT

(1.) Mr.A. Madhusudhana Rao, learned counsel for the petitioner. None for the Respondents though served.

(2.) In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 13/07/2018 passed by the Trial Court by which the application preferred by the petitioner under Order XIV Rule 5, r/w. Section 151 of the Civil Procedure Code,1908 (hereinafter referred to as 'the Code' for short) has been rejected.

(3.) The brief facts giving rise to the filing of this writ petition are that the plaintiff had filed the suit seeking the relief of declaration of title in respect of the land measuring 05 Guntas in respect of the suit schedule property as well as the relief of mandatory injunction directing the defendants to demolish the houses constructed by them and to deliver the vacant possession of the encroached portion of the same to the plaintiff.