BALAWANT Vs. POOJYA SHRI DR SHARANABASAVAPPA APPA

JUDGEMENT

(1.) The appellant has preferred this appeal against the order passed by the learned Senior Civil Judge Jewargi on I.A.No.XIII U/Or.39 Rule 1 and 2 of Code of Civil Procedure in O.S No.4/2016 dated: 20-04-2018 restraining the defendant No.2 from demolishing or altering the suit schedule property till the disposal of the suit.

(2.) Aggrieved by the said order the defendant No.2 has preferred this appeal U/Or.43 Rule 1 of Code of Civil Procedure with a prayer to set aside the impugned order and reject I.A.No.XIII U/Or.39 Rule 1 and 2 of C.P.C

(3.) Respondent No.1 in the appeal is the plaintiff before the trial court and respondent No.2 is the defendant No.1 before the trial court. For the purpose of convenience, the parties will be referred as plaintiff and defendants as per the respective ranks before the trial court. It is evident that, the plaintiff has filed the suit for declaration that, he be declared as owner of the suit property and also seeking relief of possession of the suit property and also for relief of permanent injunction and also for damages.