The dispute in the suit in O.S.No.20/2021 on the

file of the Senior Civil Judge, Davanagere (for short, the

8civil Court9) is between the owners of two neighboring

properties. There is no dispute that the appellant owns

Site

No.77

in

A

Block,

Jayanagara

Extension,

Davanagere City and the first respondent owns Site

No.76 in the same layout. The civil Court, allowing the

respondents9 application for temporary injunction, has

restrained the appellant from proceeding with the

construction in the site bearing Site No. 77.

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2.

Sri S.V. Prakash, the learned Counsel for the

appellant, submits that the civil Court, even before

considering the respondents9 application for injunction,

has appointed a Court Commissioner to visit the

properties and file a report and such report is also

placed on record. This report would indicate that the

appellant indeed owns and is in possession of site No.

77 measuring 40 feet x 60 feet and though the

respondents also have title to other site in No. 76

measuring 40 feet x 60 feet, they have lost about 14 feet

on the southern side of the road with the formation of a

road which is not contemplated in the sanctioned plan.

The owner of the Site No.75,