JUDGEMENT
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(1.)THIS regular second appeal is preferred against the judgment and decree dated 17.03.2012 passed by the learned
Senior Civil Judge, Nagamangala, thereby allowing
R.A.No.20/2008 filed by the defendants respondents herein
modifying the judgment and decree dated 12.02.2008 passed by
the learned Trial Judge.
(2.)THE plaintiff appellant herein filed O.S.No.44/2005 seeking relief of permanent injunction to restrain the
defendants from interfering with his peaceful possession and
enjoyment of the suit schedule property. It was contended by
the plaintiff that the land was granted to him by the
Government and that he had dug up a borewell and installed a
pump set from which he was irrigating the suit schedule land.
The defendants resisted the suit contending interalia that the boundaries mentioned in the plaint schedule of the suit
property were not correct and that the borewell in question was
in existence in their land. The defendants also traced their title
to the grant made by the Government in their favour of the land
bearing Sy.No.65/A measuring 1 acre 22 guntas.
(3.)THE Trial Court framed necessary issues with regard to the proof by the plaintiff of his possession over the suit property
and the alleged interference by the defendants. Both parties led
in their evidence. On consideration of the evidence on record,
particularly the RTC extracts, electricity bills and the report of
the Borewell Agency and other documents and the evidence of
P.Ws.1 to 4, the Trial Court found that the plaintiff was
successful in establishing his actual possession over the suit
property and hence, he was entitled for a decree of permanent
injunction. Accordingly, the suit was decreed.
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