BHAURAO S/O EKANATH BANDI Vs. MOHAMMAD USMAR

JUDGEMENT

(1.) The appellant is before this Court in this second appeal filed under Section 100 of the Civil Procedure Code assailing the concurrent judgments passed by the Courts below.

(2.) The appellant herein is the plaintiff in O.S.No.440/1992. The suit in question was filed seeking for the relief of permanent and mandatory injunction to restrain the defendants from putting up any pakka building or structure in the suit property. An additional relief of mandatory injunction seeking direction to the legal representatives of the original defendant to remove all existing construction was also prayed.

(3.) The case of the plaintiff is that he is the owner of the agricultural land bearing CTS No.1773/B of Ward No.III of Bijapur city. The earlier litigations relating to the said property have been referred to and it is contended that he is also a party to the proceedings in MFA No.725/1992 and in O.S.No.210/1989 which was pending consideration. The said suit was for partition and separate possession among the family members. The case of the plaintiff is that in the said suit an issue had been framed with regard to the right of the defendants and it was held against him. The grievance in the present suit is that even though in MFA No.725/1992 the defendants have been restrained from putting up permanent constructions on the property as the disputes are pending, the defendants herein are putting up permanent construction. It is in that light the injunction as prayed was sought by the plaintiff.