Chowdanaika vs Narayana - 2023 Supreme(Kar) 1125

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 1125

RAJENDRA BADAMIKAR
Chowdanaika – Appellant
Versus
Narayana – Respondent

Advocates appeared:
R.V.Jayaprakash, Advocate, S.V.Prakash, Advocate

JUDGMENT

1. This appeal is filed by the plaintiff challenging the judgment and decree dtd. 14/8/2008 passed by the Civil Judge (Sr.Dn.), Sagar, confirming the judgment and decree dtd. 25/1/2001 passed by the Additional Judge (Jr.Dn.) & JMFC, Sagar, in OS No.341/1999 (Old No.72/1997).

2. For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

3. The brief factual matrix leading to the case are that, the plaintiff has filed a suit for permanent injunction against the defendants from interfering in his peaceful possession and enjoyment over the suit schedule properties situated in Hosur Village, Avinahalli Hobli of Sagar Taluk. The plaintiff asserts that the suit schedule properties are ancestral and joint family properties of the plaintiff and defendants and as per oral partition under Jubani Hissa dtd. 24/1/1997, the suit schedule properties are fallen to his share and accordingly, the mutation entries were effected. It is asserted that the defendants without any right, title and interest, interfering in his peaceful possession and as such, he filed a suit for injunction.

4. Defendant Nos. 1 to 6 have appeared and