LAWS(KAR)-2025-3-128

MANIKYAMMA Vs. SOMANNA

Decided On March 24, 2025
MANIKYAMMA Appellant
V/S
SOMANNA Respondents

JUDGEMENT

(1.) Challenging judgment and decree dtd. 9/7/2008 passed by III Addl. Civil judge (Sr. Dn.), Kolar, itinerating at Mulbagal, in RA.no.147/2005, this appeal is filed.

(2.) Brief facts of case are that, appellant was plaintiff in O.S.no.97/1992 filed for permanent injunction restraining defendants, their agents etc., from interfering with peaceful possession and enjoyment of property measuring 1 Acres 20 guntas of dry land in Sy.no.478/5 totally measuring 3 Acres situated at Someshwara Palya, Mulbagal Town ('suit property' for short).

(3.) In plaint, it was stated plaintiff had acquired suit property under registered sale deed dtd. 15/9/1976 from Somanna son of Appaiah and got her name entered in revenue records. Since then she was in possession and cultivating it by growing ragi etc. It was stated, defendants being total strangers, without any right, title or interest tried to interfere with plaintiff's possession of suit property and attempted to form house sites and construct buildings. It was alleged, defendants were powerful persons backed by political leaders and attempted to trespass into suit property on 13/3/1992. As there was likelihood of dispossession of plaintiff, suit was filed. But, as some persons had put up temporary constructions after filing of suit, plaint was got amended and assertion that defendants had put up temporary construction during pendency of suit and prayer for mandatory injunction, directing defendants to remove unauthorized construction etc., were added.