KEMPEGOWDA Vs. HANUMANTHAIAH

JUDGEMENT

(1.) Petitioner is the defendant in O.S. No. 156 of 2003 on the file of the Principal Civil Judge (Junior Division), Nelamangala. Being aggrieved by the order dated 17-11-2008 made in M.A. No. 77 of 2004 confirming the order dated 23-1-2004 in O.S. No. 156/2003 granting temporary injunction in favour of the plaintiff, the petitioner has filed this writ petition.

(2.) The brief facts of the case are:

(3.) The learned Civil Judge (Junior Division) after hearing the matter, by his order dated 23-1-2004 was pleased to reject the application filed under Order 39, Rule 4 and granted an interim order of injunction restraining the defendant from interfering with the peaceful possession and enjoyment of the schedule land.