JUDGMENT

1. This is a second appeal filed by the LR's of the deceased defendant Sri.M.V.Raju.

2. The respondent - plaintiff ie., N.G.Kotrabasappa instituted a suit seeking for a decree of injunction to restrain the appellant - defendant Sri.M.V.Raju from putting up any sort of construction over the suit property. The said suit was filed on 6/4/1998. Subsequently, an amendment application was filed and the said application was allowed on 3/9/1998. By virtue of the said amendment, the plaintiff sought for a decree of mandatory injunction to direct the defendant to demolish the construction put up in the suit schedule property, failing which the plaintiff should be permitted to get the building constructed by the defendant demolished through a Commissioner.

3. By way of the abovementioned amendment, it was also pleaded that despite an order of temporary injunction granted by the trial Court, which was to the knowledge of the defendant, the defendant had proceeded with the construction and therefore, the said construction was illegal.

4. It was the case of the plaintiff that he owned site No.3 measuring 30 ft x 30 ft which was the suit property. It may be pertinent to state here that ac