H. NAGARAJAPPA Vs. K.R. NAGENDRA

JUDGEMENT

(1.) This writ petition is filed by the defendant praying to set aside the order dated 16.11.2018 passed by the Senior Civil Judge and JMFC, Arasikere on I.A.No.1 in OS.No.23/2018 and the order dated 18.07.2019 passed by the 5th Additional District and Sessions Court, Hassan in MA No.52/2018.

(2.) The defendant filed objection to the said application i.e. I.A.I contending that the suit is not maintainable as it is barred by limitation. The plaintiff has not given proper boundaries and site number. There is a dispute regarding identity, measurement and boundaries of the suit schedule property. He further contends suit itself is not maintainable. No property exists as site No.38. The defendant further contends that he has obtained licence from the local authorities and tried to put up construction in his property. The plaintiff in order to cause wrongful loss to the defendant, has come up with the present application. The defendant has further contended that he has stored building materials. Further the defendant has contended that the vendor of the plaintiff has not delivered possession of the suit schedule property in his favour. Since there are lot of sites being formed by the vendor, in order to knock off the property, untenable application is being filed by the plaintiff showing the entire boundary. The suit is filed on imaginary grounds and hence, sought for rejection of I.A.I.

(3.) The trial Court after hearing the learned counsel appearing for the parties, allowed the application-I.A.I filed by the plaintiff and granted temporary injunction restraining the defendant, his heirs, agents and any persons claiming under him from putting up further constructions on the schedule property till the disposal of the suit by means of temporary injunction.