K. MANJU Vs. SMT. GOWRAMMA

JUDGEMENT

(1.) The 1st defendant before the Trial Court is before this Court. He is aggrieved by the order granting temporary injunction restraining him from interfering with the peaceful possession and enjoyment of the suit schedule property of the plaintiff as affirmed by the Appellate Court in M.A. No. 3 of 2009 vide order dated 6-3-2010 by the learned Principal Civil Judge (Senior Division), Srirangapatna.

(2.) The suit in O.S. No. 58 of 2008 is filed by the respondent herein praying for permanent injunction to restrain the defendants from interfering with her peaceful possession and enjoyment of the suit schedule property. The suit schedule property is 8 guntas of land comprising in Survey No. 7/2 situated at Kudalakuppa, Srirangapatna Taluk. Along with the plaint, the plaintiff filed the application under Order 39, Rules 1 and 2 contending inter alia that the defendants were interfering with her peaceful possession and enjoyment and hence they may be restrained from doing so during the pendency of the suit.

(3.) The Trial Court, on consideration of the materials on record, has found that the plaintiff has made out a prima facie case regarding her actual possession of the property and that the defendants failed to prima facie establish the defence taken by them stating that the suit schedule property belonged to them wherein they had put up a cane crushing/pressing unit.