This appeal is filed by the appellant challenging the

order dated 24.04.2016 passed in O.S.No.471/2015 by the

IV Additional Civil Judge and JMFC, Hassan and judgment

dated 04.07.2016 passed in R.A.No.44/2016 by the II

Additional Senior Civil Judge and J.M.F.C., at Hassan.

Parties are referred to as per their ranking

before the trial Court. The appellant is the plaintiff. The

respondents are the defendants.

3. Brief facts of the case are as under:

The plaintiff filed a suit for permanent injunction

restraining the defendants from auctioning the suit

schedule property. It is the case of the plaintiff that the

plaintiff married defendant No.1 on 20.03.2008 as per

Muslim

Rituals

prevailing

in

Muslim

Community.

- 3 -

Subsequently, defendant No.1 ill-treated her and married

another girl. There was a panchayath and in the said

panchayath, defendant No.1 gifted the suit schedule house

measuring 20 feet X 40 feet consisting of 2 floors situated

at Kuvempur Nagar layout. It was a oral hiba which is

permissible under the Mohamadon Law. The plaintiff was

originally a Hindu lady belonging to scheduled caste.

Defendant No.1 insulted her. Hence, she instituted a

criminal case against defen