Challenging judgment and decree dated 14.08.2006
passed by Presiding Officer, Fast Track Court-I, Shivamogga, in
RA no.112/2005, this appeal is filed.
2. Appellants are legal representatives of original
plaintiff in OS no.647/1993 filed for permanent injunction
restraining defendant, her agents, etc. from interfering with
plaintiff’s peaceful possession and enjoyment of property
bearing Sy.no.58 (VS no.3) measuring 1 Acre 15 guntas of
Kashipura Village, Shivamogga Taluk (‘suit property’ for
short).
-4-
NC: 2025:KHC:18998
HC-KAR
3. In plaint, it was stated in pursuance of agreement
of sale dated 22.01.1992 executed by Chandrappa S/o
Muniswami agreeing to sell suit property for total sale
consideration of Rs.1,10,000/- and receiving Rs.80,000/- as
advance sale consideration, plaintiff was put in possession and
was cultivation of same. And, without any manner of right, title
or interest over suit property, defendant tried to take
possession forcibly with help of adjacent owners for forming
layout sell away sites to innocent strangers for wrongful gain.
And that on 24.06.1993, defendant came to suit property with
rowdy elements, attempted to dig drain and form road. With
great difficulty, plaintiff resisted said illegal Acts of defendant.
As he perceived imminent threat of dispossession, suit was
filed.
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