S.G.PANDIT
SUSHMA M. MALLY W/O. LATE. K. MANMOHAN MALLY – Appellant
Versus
MANGALORE LADIES CLUB LIGHT HOUSE HILL ROAD MANGALORE – Respondent
Petitioners are before this Court under Article 227 of the Constitution of India challenging the order dated 07-03-2018 on I.A.No.8 in O.S.No.163/2014 passed by the Principal Civil Judge, Mangaluru, D.K.
2. Petitioners are the defendants and respondent is the plaintiff in O.S.No.163/2014 which is filed for a judgment and decree for possession directing the defendants to deliver vacant possession of the plaint ‘C’ schedule property to the plaintiff and for a decree of permanent injunction restraining the defendants and their men from tresspassing the entire plaint ‘C’ schedule property or any portion thereof and for mesne profits.
3. It is the case of the plaintiff that the defendants had encroached a portion of plaint ‘A’ schedule property and the same is shown in the plaint as ‘C’ schedule property. ‘B’ schedule property is the property of defendants whereas ‘A’ schedule property is the property of plaintiff. The defendants appeared before the Court and filed their written statement denying the encroachment and contended that they purchased ‘B’ schedule property as it is and there existed a compound wall bifurcating the ‘A’ and ‘B’ schedule properties prior to the filing of t
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