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2001 Supreme(SC) 713

D.P.MOHAPATRA, SHIVARAJ V.PATIL
K. Seetharam – Appellant
Versus
B. U. Papamma – Respondent


ORDER

Delay condoned.

2. Leave granted.

3. These appeals flied by the defendant are directed against the judgment passed by the Karnataka High Court on 19th March, 1999 in R.F.A.No.96/1993 allowing the appeal and setting aside the judgment and decree of the trial Court and decreeing the suit filed by the respondent No.1.

4. The respondent No.1 filed the suit praying for a decree of permanent injunction restraining the appellant from interfering with his possession and enjoyment over the suit property in any manner. The case of the plaintiff, sans details, was that he is the owner in possession of the site bearing No.578 at Sunkenahalli Extention Bangalore. On 20th of March, 1981 husband of the plaintiff noticed that the first defendant had been digging up a portion of the plaintiff land to an extent of 20 ft. east to west and 3 ft. north to south on the southern side of the plot. On the protest raised by the plaintiff s husband the first defendant left the site. Subsequently, taking advantage of the plaintiff s absence the first defendant again dug up a portion of the plaintiff s site and put some sized stones in the excavated portion for laying the foundation for construction of a b

















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