DECREE

DATED

25.02.2009 PASSED IN O.S.NO.241/2003 ON THE FILE OF PRL.

CIVIL JUDGE (JR.DN) & JMFC, KADUR AND ETC.

THIS APPEAL, COMING ON FOR PART HEARD IN

ADMISSION, THIS DAY, THE COURT DELIVERED THE

FOLLOWING:

JUDGMENT

The captioned appeal is filed by unsuccessful

defendant in O.S.No.241/2003, wherein both Courts have

concurrently held that plaintiff in O.S.No.241/2003 is in

lawful possession and consequently, the plaintiff’s suit for

injunction simplicitor is decreed thereby restraining the

present defendant herein from interfering with the

plaintiff’s peaceful possession over the suit schedule

property.

2. For the sake of brevity, the parties are referred as

they are ranked before the Trial Court.

3. The plaintiff has instituted a suit for injunction in

O.S.No.241/2003 against the defendant claiming that he is

- 3 -

the

absolute

owner

over

the

suit

land

bearing

Sy. No.161/4P measuring 10 guntas. The plaintiff claimed

that defendant is unnecessarily obstructing and interfering

with his peaceful possession. The plaintiff claimed that he

has purchased the property from the defendant under the

registered sale deed dated 06.05.1996 vide Ex.D.2 and

therefore, the