(1.) THIS appeal is directed against the judgment and decree in R.A. No. 103/2007 dated 19.12.2009 on the file of the Principal District Judge, Bangalore Rural District, Bangalore, confirming the judgment and decree in O.S. No. 87/2000 dated 27.2.2007 on the file of the Civil Judge (Jr. Dn.) and JMFC, Hosakote, Bangalore. The appellant is the defendant in the suit and the respondent is the plaintiff. It is the case of the plaintiff that he is the absolute owner of the suit schedule property having purchased the same from one J. Mallappa, under a registered sale deed dated 21.3.1998. Mutation has been accepted in his name by virtue of the sale deed and his name has been entered in column No. 9 as well as column No. 12(2) of the RTC extracts. The defendant is interfering with his peaceful possession and enjoyment of the suit schedule property.
(2.) THOUGH the defendant has entered appearance and filed objection to the application filed by the plaintiff seeking grant of temporary injunction, he has not filed the written statement. The trial Court has decreed the suit.
(3.) HOWEVER , the lower appellate Court without considering any of these aspects has dismissed the appeal on the basis of certain orders passed by this Court in W.P. No. 31893/1997 disposed of on 28.6.1999 and in W.P. No. 10442/2008 disposed of on 18.8.2008.