Gowri VS Prabhakara Adiga

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ANAND BYRAREDDY
Gowri – Appellant
Versus
Prabhakara Adiga – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners:Sri K. Shrihari, Advocate
For the Respondent:Sri R.V. Jayaprakash, Advocate

ORDER

Anand Byrareddy, J.—The facts of the case are as follows:

2. The petitioners are the widow and children of one Divira Bolu. The respondent is said to have filed a civil suit against Divira Bolu, seeking a permanent injunction against him from interfering with property described as follows:

“Description of the property situate in Kollur Village of Kundapura Taluk Mooli right

Sy. SD No. Kissam Extent

No. 32 5PI-P2 Converted to 0.53

non-agricultural

purpose

Boundaries:

East by : Sy. No.32/2 of plaintiff

South by : Portion of this SD sold to Surendra Shetty

West by : Plot sold to Surendra Shetty

North by : Sy. No.32/4 of plaintiff, plot of Ayyappa Nair and V.V. Iyer”

3. The suit had been contested by Bolu during his lifetime. The suit, however, was decreed as prayed for. Incidentally, the prayer in the suit was as follows:

“VI. Prayer: The plaintiff therefore prays for a decree and judgment in his favour and against the defendant.

(1) For a permanent injunction restraining the defendant from entering upon the suit’ A’ property and from interfering with plaintiff’s peaceful possession and enjoyment of the same ...”

4. The judgment and decree was dated 13.9.2012. It