IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 19^TH DAY OF JANUARY 2022

BEFORE

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

RSA.NO.6153/2012 (INJ)

BETWEEN

K.H.M. VAGESH MURTHY S/O K.M. KOTRAIAH,

AGE: 67 YEARS, PRINCIPAL,SREE SIDDESHWARA TYPING

INSTITUTE,R/O: KUDLIGI, DIST: BALLARY

... APPELLANT

(BY SRI.K.L.PATIL & SRI.S.S.BETURMATH, ADVS.)

AND

K. CHANNABASAIAH S/O REVAIAH,

AGE: 70 YEARS, HINDU,

RETIRED EMPLOYEE, R/O: 5TH WARD, KUDLIGI, DIST: BELLARY.

... RESPONDENT

(BY SRI.GODE NAGARAJ, ADV.)

THIS APPEAL IS FILED UNDER 100 OF CPC., AGAINST THE

JUDGEMENT & DECREE DTD:23.07.2012 PASSED IN R.A.NO.43/2009

ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., KUDLIGI,

DISMISSING

THE

APPEAL,

FILED

AGAINST

THE

JUDGMENT

DTD:03.10.2009 AND THE DECREE PASSED IN O.S.NO.86/2001 ON

THE FILE OF THE CIVIL JUEDGE AND JMFC., KUDLIGI, PARTLY

DECREEING THE SUIT FILED FOR PERMANENT INJUNCTION AND

MANDATORY INJUNCTION.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

2

JUDGMENT

The captioned Regular Second Appeal is filed by the

unsucces