&

DECREE

DTD

17.7.2012

PASSED

IN

R.A.NO.36/2012 ON THE FILE OF ADDITIONAL SENIOR CIVIL

JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING

THE JUDGEMENT AND DECREE DTD 20.3.2012 PASSED IN

OS.NO.695/2010 ON THE FILE OF III ADDITIONAL CIVIL

JUDGE AND JMFC, HASSAN.

Digitally

signed by R

DEEPA

Location:

High Court of

Karnataka

- 2 -

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This second appeal is filed by the appellants

challenging the judgment and decree dated 17.07.2012,

passed in R.A.No.36/2012 by the Addl. Senior civil Judge,

Hassan, confirming the judgment and decree dated

20.03.2012, passed in O.S.No.695/2010 by the III Addl.

Civil Judge & JMFC, Hassan.

2. For the sake of convenience, parties are referred

to as per their ranking before the trial Court. The

appellant is the plaintiff and respondent is the defendant.

3. The brief facts leading rise to filing of this appeal

are as under:

Plaintiff

filed

a

suit

for

permanent

injunction

restraining the defendant from making construction over

the setback area in the eastern side of 'B' schedule

property and to direct the defendant to demolish the

construction made in the setback area.