M.G.S.KAMAL
GNYANESHWAR S/O SHARVALINGAM – Appellant
Versus
RAMGOPAL S/O KANHAYALAL MALU SINCE DECEASED BY LRS. – Respondent
JUDGMENT :
This Regular Second Appeal No.3119/2007 is filed by the appellants defendants aggrieved by the judgment and decree dated 11.09.2007 passed in R.A.No.125/2007 by the learned Principal Civil Judge Senior Division at Kalaburagi (for short 'the First Appellate Court') setting aside the judgment and decree dated 14.08.2007 passed in O.S.No.344/2001 by the learned II Additional Civil Judge Junior Division, Gulbarga (hereinafter 'the Trial Court'). The Trial Court had dismissed the suit of the plaintiff for permanent injunction. The First Appellate Court while setting aside the judgment and decree of the Trial Court, decreed the suit.
2. The parties are referred by their original ranks before the Trial Court.
3. The suit schedule property as described in Para No.2 of the plaint is:
East : Road leading to the Court
West: 20 feet vide lane
North: Government Road
South: Lane and thereafter the House of Doctor
Yelsingikar
(hereinafter referred as 'suit property')
4. The brief case of the plaintiff:
Anathaula Sudhakar vs. P.Buchireddy and others
Mehboob Ur Rehman (dead) through LRs vs. Ahsanul Ghani reported AIR 2019 SC 1178
Gurudev Kour and Other vs. Kaki and Others reported in AIR 2006 SC 1975
CORPORATION OF BENGALORE CITY VS. M. PAPAYYA (AIR 1989 SC 1809)
M/S PRIVATE EYE VS. HIND HIGH VACCUM CO. PVT LTD.
MAKHAN LAL BANGAL VS. MANAS BHUNIA & ANR REPORTED IN
Uttaradi Math vs. Raghavendraswamy Math
Commissioner Income Tax Kerala vs. P. Krishna Warrior
VIJAY ARJUN AND ORS VS. NANA LAXMAN TAPKIRE AND ORS (2018) 6 SCC 727
Ram Sarup Gupta by LRs. vs. Bishun Narain Inter College and Others reported in AIR 1987 SC 1242
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