M. RAMU Vs. KUMARASWAMY

JUDGEMENT

(1.) Mfa No.5131/2020 is preferred by the plaintiffs in O.S.No.3840/2020, aggrieved by the impugned order dated 20.11.2020 passed by the XXXVIII Additional City Civil Judge, Bengaluru (for short "the trial Court") on I.A.No.1 filed by them, under Order XXXIX Rules 1 and 2 CPC for temporary injunction restraining the respondents-defendants from interfering with the appellants-plaintiffs possession and enjoyment of the suit schedule property. In the said suit, O.S.No.3840/2020 is contested by the defendants, who claim to be individual site owners having acquired their respective sites from the BDA Employees Welfare Association, which incidentally has not been impleaded as a party to the suit.

(2.) Mfa Nos.465/2021 and connected appeals arise out of O.S.4341/2020 and connected suits filed by some of the defendants in O.S.No.3840/2020 referred to supra against the plaintiffs in the said O.S.No.3840/2020 for permanent injunction and other reliefs in relation to their respective sites. The said suits are also contested by the respective defendants.

(3.) In the plaint as well as in the application, I.A.No.1 filed in O.S.No.3840/2020, the appellants-plaintiffs have described the suit schedule property as land bearing Sy.No.17-P measuring 1 acre 20 guntas situated at Doddakallasandra Village, Utharahalli Hobli, Bengaluru South Taluk and specific boundaries of the said land have been mentioned in the schedule to the plaint.