SURAYYA Vs. ANJANA

JUDGEMENT

(1.) The appellant - defendant No.1, through her GPA Holder has filed this appeal under Order 43 Rule (1) (r) of the Civil Procedure Code, aggrieved by order passed by the Principal Senior Civil Judge, Vijayapur in O.S.133/2014 dated 09.08.2016 on I.A.No.I under Order 39 Rule 1 and 2 of CPC. The Trial Court allowed I.A.No.I and issued temporary injunction order restraining defendants No.1 and 2 from causing illegal obstruction and interference in the peaceful possession and enjoyment of the plaintiff over the suit property.

(2.) Heard the learned counsel for the appellant and also learned counsel for respondent No.1. Though respondent No.2 is served, but un-represented.

(3.) The respondent No.1 is the plaintiff before the Trial Court and respondent No.2 is the defendant No.2 before the Trial Court. The plaintiff has filed a suit for declaration with prayer for declaring the alleged sale deed dated 25.04.2014 in respect of suit property alleged to have been executed in favour of defendant No.1 and Kabja Pavati Patra in respect of the suit property dated 14.05.2014 alleged to have been executed in favour of defendant No.1 are illegal, null and void and not binding on the plaintiff and plaintiff is the absolute owner and in possession of suit property bearing Sy.No.739/2A/1B measuring 05 guntas 08 Ana situated at Mahalbagayat Bijapur.