JUDGMENT

This regular second appeal is filed by the appellant challenging the judgment and decree dated 26.07.2013, passed in R.A.No.34/2011 by the I Additional Senior Civil Judge and MACT-V, Chitradurga, setting aside the judgment and decree dated 20.09.2010, passed in O.S.No.68/2006 by the I Additional Civil Judge (Junior Division) and JMFC, Chitradurga.

2. For the sake of convenience, parties are referred to as per their ranking before the trial Court. The appellant is the plaintiff and respondents are the defendants. Plaintiff filed a suit for declaration that, the plaintiff has got right to make use of the suit schedule property for running waste water from her house through the drain and carrying repairs for southern wall of her house and for permanent injunction and mandatory injunction.

3. The brief facts leading rise to filing of this appeal are as under:

It is the case of the plaintiff that, plaintiff is the owner in possession of suit schedule property and the plaintiff has purchased the suit schedule property under the registered sale deed dated 23.12.2004 from one Athaulla, son of Mohammed Khasim for valuable consideration of Rs.4,34,000/-. Since from the date of purchase,