JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The original plaintiff has preferred this appeal for challenging the judgment of the High Court in a second appeal by which the High Court has interfered and has set aside the decree passed by the first Appellate Court.

PLAINT

2. The appellant filed a suit for a perpetual injunction in respect of the immovable property more particularly described in the schedule to the plaint (for short, ‘the suit property’). According to the appellant, he and his brothers succeeded to the suit property after the demise of his father. He claimed that the suit property was allotted to his share under a family settlement dated 25th April 1993, executed by and between him and his brothers. The appellant claims to be in exclusive possession of the suit property. The suit is founded on the cause of action that on 18th June 1994, the respondents tried to interfere with his possession of the suit property. Therefore, a suit simpliciter for injunction was filed by him.

WRITTEN STATEMENT CUM COUNTER-CLAIM

3. The respondents-defendants filed a written statement cum counter-claim accepting that the suit property was originally owned by Sri. Muniswamappa, the late father