KETHAKI Vs. KAMALAMMA

JUDGEMENT

(1.) This appeal is filed challenging the order dated 3rd January, 2020 passed by the XII Additional City Civil and Sessions Judge, Bengaluru City (CCH - 27) on I.A.No.1 filed by the plaintiff under Order 39 Rule 1 and 2 of CPC in OS No.5106/2019.

(2.) Appellant has filed a suit for declaration and recovery of possession of the suit schedule property from the defendants No.9 and 10 and also to pass mandatory injunction against the said defendants for demolition of illegal construction being put up by them in the schedule 'B' property.

(3.) Along with the plaint, the plaintiff had filed an application in I.A No.1 under Order 39 Rule 1 and 2 of CPC, so as to restrain defendants No.9 and 10 from putting up further construction. Defendants filed objections to the said application. Trial Court rejected the application filed by the plaintiff. Assailing the correctness of the order passed by the Trial Court, this appeal has been filed.