ANNAYAPPA, S/O. SRI CHANNAPPA Vs. SMT. JAVARAMMA, W/O. LATE DYVAIAH, (SINCE DECEASED REP, BY L.RS. SRI BASAVAIAH, S/O. LATE JAVARAMMA AND OTHERS)

JUDGEMENT

(1.) WITH the consent of learned Counsel on both sides, appeal is taken up for final hearing.

(2.) THE Respondent/Plaintiff, instituted O.S. 25096/2011 in the City Civil Court, Bangalore, against the Appellant/Defendant to pass a decree of perpetual injunction, restraining the Appellant from interfering with or obstructing her lawful possession and enjoyment of the property shown in the schedule of the plaint, namely, land measuring 22.18 guntas i.e., 26879 Sq.Ft approximately 25 guntas comprising site Nos. 68 to 73 in Sy. No. 63/3 of Sree Gandhada Kaval Village, Yeshwanthpur Hobli, Bangalore North Taluk, being bounded on East by private property, West by 30 feet width road leading to Magadi Road on the north and pipeline road on the south, North by Site No. 67 and South by remaining land in Sy. No. 63/3. Alongwith the suit, I.A.1 was filed to pass an order of temporary injunction and restrain, the Defendant from alienating, encumbering or changing the nature of suit property, pending disposal of the suit. The Appellant filed written statement, objections to I.A.1 and opposed the prayers therein.

(3.) THE Trial Court upon consideration of the rival contentions and perusal of the record of the case, allowed both the applications, Questioning the orders passed on I.As. 1 and 2 by the learned Trial Judge, this appeal has been filed by the Defendant.