Daiyakku vs Khatijamma - 2022 Supreme(Kar) 1506

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Kar) 1506

M. G. UMA
Daiyakku – Appellant
Versus
Khatijamma – Respondent

Advocates appeared:
G. Balakrishna Shastry, Advocate

JUDGMENT/ORDER

1. The plaintiff has preferred this appeal impugning the judgment and decree dtd. 30/7/2013 passed in O.S.No.1011/2010 on the file of the learned III Additional Civil Judge and JMFC, Mangalore, D.K. (hereinafter referred to as 'the trial Court' for brevity) dismissing the suit of the plaintiff filed for permanent injunction which was confirmed vide judgment and decree dtd. 13/2/2017 passed in R.A.No.131/2013 on the file of the learned III Additional Senior Civil Judge and JMFC, Mangaluru, D.K. (hereinafter referred to as 'First Appellate Court' for brevity).

2. For the sake of convenience, parties are referred to as per their status and rank before the Trial Court.

3. Brief facts of the case are that the plaintiff sought for perpetual injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the schedule property i.e., the vacant site measuring 10 cents in Sy.No.79/5A situated at Kotekar Village, Mangalore Taluk. It is the contention of the plaintiff that total extent of 35 cents in Sy.No.79/5A was purchased by her and her husband late Ramayya Shetty, under the sale deed dtd. 28/10/1960. The husband of the plaintiff released