JUDGMENT :

ASHOK S. KINAGI, J.

1. This appeal is filed by the appellant challenging the judgment and decree dated 08.07.2013 passed in R.A.No.6/2013 by the Senior Civil Judge and J.M.F.C., Sakaleshpura.

2. For convenience, the parties are referred to based on their rankings before the Trial Court. The appellant was the plaintiff and the respondent was the defendant.

3. The brief facts leading to the filing of this appeal are as follows:

The plaintiff filed a suit against the defendant for a permanent injunction, restraining the defendant from trespassing on the eastern side of the suit schedule property and damaging the wall fixed compound wall on the eastern side. It is the case of the plaintiff that the plaintiff-Sangha is a trust registered on 01.04.1995. The suit property totally measures 50x350 feet. The suit property measuring 25 x 350 feet was purchased by the plaintiff under a registered sale deed dated 09.03.1971. Based on the registered sale deed, the khatha was transferred in the name of the plaintiff and he is in peaceful possession of the suit schedule property. The plaintiff constructed the compound and there is a public drainage constructed by the town municipality. The p