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2025 Supreme(Online)(Kar) 16638

KARNATAKA HIGH COURT
ASHOK S.KINAGI, J
SRI A VEERAPPA @ ANTHARAVALLI VEERAPPA – Appellant
Versus
SRI ASHOK, SRI SURESH BABU, SRI SIDDESH, SRI VIJYA KUMAR, SRI RAJA, SRI UMESH, SRI DAYANANDA, THE SECRETARY GRAMA PANCHAYATH, THE EXECUTIVE OFFICER TALUK PANCHAYATH – Respondent


Advocates:
For the Appellants/Petitioners: SRI. VENKAT SATYANARAYANA A.
For the Respondents: SRI. SUJAN B.K., SRI. J.M. ANIL KUMAR

Table of Content
1. challenge to judgments in civil appeals. (Para 1 , 2)
2. details of injunction claims. (Para 4)
3. court's determination of merits. (Para 10 , 20)
4. arguments concerning additional evidence. (Para 14 , 15)

ORAL JUDGMENT

This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 29.06.2015 passed in R.A.No.20/2013 by the learned Senior Civil Judge, Harihara and the judgment and decree dated 13.02.2013 passed in O.S.No.119/2009 by the learned Principal Civil Judge and JMFC, Harihara.

2. For convenience, the parties are referred based on their rankings before the trial Court. The appellant was the plaintiff and the respondents were the defendants. 3. Brief facts, leading rise to the filing of this appeal are as follows:

Plaintiff filed a suit for mandatory injunction directing defendants No.1 to 9 to remove the illegal fencing and stones put up by defendants No.1 to 7 on the road shown in the letters A, B, C, D, in the plaint rough sketch and for the permanent injunction restraining defendants No.1 to 7 from causing any obstruction in any manner to the plaintiff to approach the Panchayat road from the suit property.

4. It is the case of

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