PRABHAKARA ADIGA Vs. GOWRI AND OTHERS

JUDGEMENT

(1.) Leave granted.

(2.) Singular question involved in the matter is executability of decree for permanent injunction against the legal representatives of judgment- debtor.

(3.) A suit was filed by the appellant registered as Original Suit No.83/2007 in the Court of II Additional Civil Judge, Kundapura, with respect to immovable property described in Schedule 'A' of the plaint. The plaintiff got converted the land for non-agricultural/residential purposes. The plaintiff was in possession and enjoyment of the property and defendant had no concern with the same. However, he tried to remove and destroy the wooden fence and made an effort to forcibly dispossess the plaintiff. Hence the suit was filed. The defendant had denied the averments and contended that there was no division of the land and had asserted his ownership and possession. The conversion order of land was also illegal.