and

decree

10.12.2013

passed

in

O.S.No.22/2012 on the file of the Senior Civil Judge at

Chittapur, and to pass any other appropriate orders.

This appeal coming on for Final Hearing, this day,

the Court delivered the following:-

JUDGMENT

This appeal is filed by the plaintiffs challenging

the judgment and decree passed in O.S.No.22/2012

dated 10.12.2013 by the Senior Civil Judge, Chittapur.

2.

For the sake of convenience, parties are

referred to as per their ranking before the Trial Court.

Appellants

are

plaintiffs

and

respondents

are

defendants before the tribunal.

3.1. Facts giving rise to filing of this appeal are

as under:

3

The

plaintiffs

have

filed

the

suit

against

defendants for perpetual injunction contending that,

they are the owners in possession of the suit house

bearing No.290 to 292 situated at Ravoor village of

Chittapur Taluk which is a commercial establishment

consisting of 12 rooms, 1 polishing hall, one M.S.Hall,

well electrical magnet store room and open yard. The

plaintiffs have inherited the suit property from their

fore fathers. The father of plaintiffs constructed the

house long back after obtaining a valid permission and

also availed the permission for electric supply, water

supply and after obtaining permission, they are

regularly paying property tax. Plaintiff No.1 is

carrying stone polishing unit under the name and style

of

'M/s

Rawoor

Stone

Polishing

Company',

by

obtaining valid licence from the Gram Panchayat. As

road widening work from Wadi to Ravoor had to be

carried out, defendant No.1 issued notice to the

4

plaintiffs on 19.12.2001 for removing the structure

and the building over the suit property alleging that

the said construction is unauthorized, illegal and is

required to be removed. Respondent No.3- Gram

Panchayath, Ravoor issued similar type of notice on

the instigation of defendant No.1 for widening the

road alleging that the plaintiffs have unauthorizedly

put up construction over the suit property and the

same is required to be removed. The plaintiffs filed a

suit in O.S.No.37/2006 and the said suit came to be

dismissed. The plaintiffs, aggrieved by the judgment

and decree passed in the aforesaid suit, preferred an

appeal in R.A.No.45/2008. The said appeal came to

be allowed. Now, the plaintiffs, apprehending that

building of plaintiffs is about to be dismantled by

defendant No.1, inspite of they submitting the decree

passed in RA No.45/2008, have filed the suit for

perpetual injunction.

5

3.2 Defendant No.1 filed written statement and

defendant No.2 adopted the written statement filed by

defendant No.1. In the written statement filed by

defendant Nos.1 and 2, they have specifically denied

the title of the plaintiffs over the suit schedule

properties. Further, it is contended that there is no

cause of action for filing the suit and the alleged cause

of action shown in the plaint is false and baseless. It

is also contended that defendant Nos.1 and 2 were

not parties in the suit in O.S.No.37/2006. The decree

passed in the aforesaid suit is not binding on

defendant Nos.1 and 2. Further, it is contended that

the road which passes from Rawoor-Wadi is a part of

State Highway No.149 starting from Shahapur to

Shivrampur (A.P). During October 2010, the said

construction work has been approved at the Gulbarga

Cabinet Meeting and the construction cost from

Gulbarga to Wadi is estimated at Rs.37 crores

6

covering 36 KM length of road. It is further contended

that the suit filed by the plaintiffs without seeking the

relief of declaration is not maintainable. Hence, prays

to dismiss the suit.

3.3 The Trial Court on the basis of the

pleadings framed the following issues;

(a)

Whether the plaintiffs prove that,

they are in lawful possession and

enjoyment over the suit property as

on date of filing of this suit?

(b)

Whether the plaintiffs further prove

that, the alleged interference and

obstruction is said to have been

caused by the defendants?

(c)

Whether the defendants prove that,

suit filed by th