LAWS(KAR)-2001-5-12

SWETHA EDUCATION SOCIETY Vs. SRI K. RAMANNA

Decided On May 30, 2001
Swetha Education Society Appellant
V/S
Sri K. Ramanna Respondents

JUDGEMENT

(1.) THE two appeals arise out of O.S. No. 249 of 1999 as O.S. No. 4994 of 1999 on the file of the 7th Additional City Civil Judge, Bangalore.

(2.) THE appellant is the Plaintiff in both the suits. O.S. 249 of 1999 is filed for permanent injunction against the second Respondent herein seeking permanent injunction not to interfere with the running of the school. The second Respondent is none other than the brother -in -law of the appellant.

(3.) IN O.S. No. 4994 of 1999 the appellant filed the suit seeking injunction against the Respondents herein not to interfere with the peaceful possession and enjoyment of the suit property which consists of the school building. In both the suits, an application was filed under Order 39, Rules 1 and 2 Code of Civil Procedure for grant of temporary injunction. The applications in both the suits were heard and disposed of by a common order. The prayer for grant of temporary injunction is rejected. It was also held by the trial Court that the suit is not maintainable, accordingly, dismissed the I. As. and as well the suits. Being aggrieved by the said order, the present appeals are filed.