LAWS(SC)-2008-11-175

PADMAVATHI Vs. KRISHNA MURTHY RAO SINDHE M

Decided On November 20, 2008
PADMAVATHI Appellant
V/S
KRISHNA MURTHY RAO SINDHE M Respondents

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against a judgment and order dated 28. 10. 2005 passed by the High Court of Karnataka at Bangalore in Miscellaneous First Appeal no. 8349/2005 whereby and whereunder the order of injunction dated 30. 8. 2005 passed by the XIII Additional City Civil Judge, Mayo Hill Unit, Bangalore in o. S. No. 16152/2005, was set aside.

(3.) A suit was filed in the year 2005. Defendants-respondents filed written statements in the said suit on or about 15. 4. 2005. According to them by that time major portion of the construction was completed. However, the learned trial Judge granted an injunction on 30. 8. 2005 in favour of the plaintiff-appellant restraining the defendants-respondents from encroaching or interfering or putting up any construction in any portion of IA-I schedule property in any manner pending disposal of the suit.