THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 28.08.2017 PASSED IN RA NO.49/2012 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC., BANTWAL, D.K., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.09.2012 PASSED IN OS NO.2/2007 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC., BANTWAL, DAKSHINA KANNADA.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

Heard Sri Pundikai Ishwara Bhat, learned counsel for the appellant.

2. This Court did not deem it fit to issue notice to the respondents.

3. Unsuccessful plaintiff is the appellant in this Second Appeal.

4. Parties are referred to as plaintiff and defendants as per their original ranking before the Trial Court, for the sake of convenience.

5. Facts of the case which are utmost necessary for disposal of the present Appeal are as under:

5.1 A suit for bare injunction came to be filed by the plaintiff with respect to the ‘B’ schedule property in O.S.No.2/2007 (old No.2/2006) on the file of the Additional Civil Judge and JMFC, Bantwal, Dakshina Kannada, which is cu