Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & Anr on 15 December, 2003
Counsel for the petitioner has vehemently argued that admittedly he
is in possession of the property in question and therefore the Lower Appellate
Court was not justified in vacating the injunction order. It is submitted that in the
counter claim also the defendants have sought the relief that the goods left by
the plaintiff in the plot in dispute should be picked up and also prayed for mesne
profits. Reliance has been placed upon the judgment of the Apex Court in Rame
Gowda (D) by L.Rs. Vs. Mr. Varadappa Naidu (D) by L.Rs. and another
(2004) 1 SCC 769 and Prithi Pal Singh and another Vs. Amrik Singh and
others (2013) 9 SCC 576 and judgment of this Court in Hukam Singh Vs. Tara
Singh 1992(2) PLR 331 to argue in support of the proposition.