S. Sampoornamma vs Jayamma - 2023 Supreme(Kar) 683

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 683

H. P. SANDESH
S. Sampoornamma – Appellant
Versus
Jayamma – Respondent

Advocates appeared:
Shivaraj Patil, Advocate, K.N. Nitish, Advocate, K.V. Narasimhan, Advocate

JUDGMENT/ORDER

1. Heard the arguments of the learned counsel for the appellants-defendants and learned counsel appearing for the respondent-plaintiff.

2. This regular second appeal is filed under Sec. 100 of C.P.C. praying this Court to allow the appeal and set aside the judgment and decree passed by the learned Senior Civil Judge, Maddur in R.A.No.12/2011 dtd. 5/6/2017 and the judgment and decree passed by the learned Additional Civil Judge (Jr.Dn.) and JMFC at Maddur in O.S.No.4/2008 dtd. 24/2/2011.

3. The parties are referred to in the original ranking before the Trial Court as defendants and plaintiff, in order to avoid confusion and for the convenience of the Court.

4. The factual matrix of the case of the plaintiff before the Trial Court while filing the suit for permanent injunction is that she is the absolute owner and in possession of the suit schedule property which originally belongs to her father Hosabore Hegde and the suit schedule property is the ancestral property of the plaintiff. The father of the plaintiff demised leaving behind the plaintiff, who is the daughter and his only son Revanna. After the death of the father of the plaintiff, the brother of the plaintiff