SAI SRINIVASA PROPERTIES Vs. KRISHNAPPA

JUDGEMENT

(1.) This appeal by appellant - defendant No.15 arises out of the impugned order dated 13.08.2019 passed in O.S.No.9100/2011 by the XII Additional City Civil Judge, Bengaluru City, whereby the trial Court allowed the application I.A.No.17 filed by defendants No.16 to 18 for temporary injunction under Order 39 Rule 1 and 2 CPC, thereby restraining the defendants No.5, 6, 12 and 15 in the suit from putting up further construction on the suit schedule property pending disposal of the suit. It is relevant to state that before the trial Court, the suit schedule property has been described as agricultural property bearing Sy.No.83 measuring 1 acre 8 guntas, new Sy.No.83/1 measuring 21 guntas and new Sy.No.83/2 measuring 24 guntas situated at Panathur Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru District.

(2.) As stated supra, the appellant is defendant No.15 in the suit against whom an order of temporary injunction was passed by the trial Court under the impugned order. While the respondents No.1 and 2 herein are the plaintiffs in the suit, respondents No.3 to 19 are the remaining defendants in the suit. Among them, respondents No.17 to 19 are defendants No.16 to 18, who were the applicants in I.A.No.17, which is the subject matter of the impugned order. Respondents No.17 to 19 having entered appearance in the present appeal through their counsel, notice to respondents No.1 to 16 has been dispensed with in this appeal.

(3.) Though the matter was listed for admission, with the consent of learned counsel for the appellant and respondents No.17 to 19, the matter is taken up for final disposal.