KARNATAKA HIGH COURT
S.R. KRISHNA KUMAR, C.M. POONACHA, JJ
THE DISTRICT COMMISSIONER, MINI VIDHANA SOUDHA, NAVANAGAR, BAGALKOT-587101 – Appellant
Versus
SHRI CHANDRAKANT S/O. GURULINGAPPA DESAI – Respondent
| Table of Content |
|---|
| 1. regular first appeal filed under cpc. (Para 1 , 2) |
| 2. plaintiff's ownership and encroachment claim. (Para 3 , 4 , 5 , 6) |
| 3. arguments regarding trial court's judgment. (Para 9 , 10) |
| 4. legal principles regarding compensation and land rights. (Para 12 , 28 , 30) |
| 5. court's findings on encroachment and ownership. (Para 19 , 20 , 22) |
| 6. appeal dismissed and trial court's judgment upheld. (Para 32 , 34) |
CAV JUDGMENT
This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 , [Hereinafter referred to as the ‘CPC’], by the defendants challenging the judgment and decree dated 10.10.2018 passed in O.S.No.9/2016 on the file of Principal Senior Civil Judge, Bagalkot, Hereinafter referred to as the ‘Trial Court’, whereunder, the suit for mandatory injunction and other reliefs filed by the respondent/plaintiff, has been partly decreed by the Trial Court.
3. It is the case of the plaintiff that he is the absolute owner in possession and enjoyment of the land bearing R.S.No.51/2A/1 measuring 5 acres 11 guntas and R.S.No.51/B measuring 37 guntas of Bagalkot District, out of which, in land bearing R.S.No.51/2B measuring 37 guntas, the Bagalkot- Badami road
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