Khemanna vs Parashuram - 2023 Supreme(Kar) 1080

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 1080

K. S. HEMALEKHA
Khemanna – Appellant
Versus
Parashuram – Respondent

Advocates appeared:
A.B.Nesaragi, Advocate, Sourabh Hegde, Advocate, Shreevatsa Hegde, Advocate

JUDGMENT

1. The present appeal by the defendant, assailing the judgment and decree dtd. 26/10/2016, in RA.No.147/2014 on the file of I Addl. Senior Civil Judge & CJM, Belagavi, dismissing the appeal and allowing the cross-objection filed by the plaintiff and modifying the judgment and decree dtd. 24/11/2014 in O.S.No.954/2010 on the file of the III Addl. Civil Judge & JMFC, Belagavi.

2. The parties herein are referred to as per their ranking before the trial Court for the sake of convenience.

3. This Court, while admitting the appeal on 12/12/2018, has framed the following substantial question of law:

"Whether the court below has justified in ordering for demolishing the building constructed by the appellant in his own area when a suit is only for injunction and mandatory injunction and whether the Court below has justified in passing such an order?"

4. Learned counsel for the appellant and the respondent are heard on the substantial question of law.

5. The relevant facts are that the plaintiff filed the suit for permanent injunction restraining the defendant, his agent, servants or anybody on his behalf from putting up any sort of construction on the suit property directing the defe