K JAYALAKSHMI Vs. U MATHYAS

JUDGEMENT

(1.) THIS appeal by the plaintiffs is directed against an interlocutory order dtd. 14th March, 2012 passed by the trial Court, namely, the Court of the 42nd Addl. City Civil Judge, Bangalore (CCH. No.43), in the suit in O.S. No. 1218/2002 dismissing I.A. No.1 filed by the plaintiffs. The said LA. was filed for grant of temporary injunction against respondent No. 1/de- fendant, to restrain him from interfering with their possession of the plaint schedule property.

(2.) THE case of respondent No. 1/defendant is that he has purchased a site measuring 25'X35' by a registered sale deed dtd. 19.01.2012 for a sale consideration of Rs.21,15,000.00 and he is putting up a construction thereon. It is stated that he is the fifth purchaser of the said site measuring 25'X35'. The plaint schedule property consists of 5 sites. The contention of the learned counsel for the appellants/plaintiffs is that the site purchased by the defendant does not form part of the plaint schedule property, but the defendant wants to locate his site in the plaint schedule property.

(3.) IT is relevant to refer to the following finding of the trial Court at para 11 of the impugned order :