LINGANNA Vs. T A ANANTHARAJU

JUDGEMENT

(1.) These two appeals arise out of a common judgment and decree passed by the Fast Track Court V, Tumakuru in RA No.47/2006 and RA No.48/2006.

(2.) The parties shall be referred to as 'Plaintiffs' and 'Defendants', as in the original suit.

(3.) O.S No.489/1991 was filed by Linganna and Abdul Sammad seeking a declaration that they are the owners of plaint 'A' schedule property, sought injunction restraining the defendants from interfering with the peaceful possession and enjoyment of plaint 'A' schedule property and mandatory injunction directing the defendants to remove the stone crusher installed in plaint 'A' schedule property having acquired title by way of Government grant. The plaintiffs claim that plaint 'A' schedule property bearing Sy.No.39 of Amalapura Village, Kasaba Hobli, Tumakuru Taluk measuring 27 acres 36 guntas is apportioned by way of an arrangement between plaintiff No.1 and 2. The northern portion measuring 13 acres 38 guntas which is described as plaint 'B' schedule property was enjoyed by plaintiff No.1 Sri.Linganna and southern portion described as plaint 'C' schedule property to an equal extent was enjoyed by plaintiff No.2 Abdul Sammad. It is alleged in the plaint that the defendants are committing acts of trespass on the schedule property having installed a stone crusher on the northernwestern corner of the suit schedule property. It is further alleged that the defendants were making arrangements to put up a building near the stone crusher.