VANITA KOM PRABHAKAR RANE Vs. MAHADEV

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned counsel for the respondent. Perused the impugned order dated 12.04.2017 passed in Civil Misc. No.1 of 2015 on the file of the Civil Judge and JMFC-II Court, Karwar.

(2.) The parties to the present proceedings are parties in a suit in O.S. No.272 of 2012 on the file of the Civil Judge, Karwar. The respondent has filed the suit for mandatory injunction alleging that the petitioners-defendants have constructed a structure encroaching a portion of his property in Sy. No.1453/1+3 of Baad-II Village of Karwar Taluk. In this suit, the respondent has filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure for temporary injunction restraining the petitioners from interfering with the respondent's property. The Court has allowed this application granting temporary injunction restraining the petitioners by order dated 17.06.2014. It is undisputed that the Trial Court also allowed an application filed by the petitioners, as defendants, for temporary injunction.

(3.) The respondent filed application under Order XXXIX Rule 2A of CPC alleging that the petitioners, after filing a miscellaneous appeal in M.A. No.12 of 2014, without the benefit of an interim order of stay of the order dated 17.06.2014, entered upon the respondent's land and encroached an area of land measuring 75' x 15' including a drinking water well and blocking access to the respondent's remaining property.