A.VINOVATHI BAI Vs. M.JAYARAM

JUDGEMENT

(1.) This appeal is by the plaintiffs in O.S. No.2770/2020 on the file of the XXV Additional City Civil and Sessions Judge, Bengaluru [for short, 'the civil Court']. The civil Court by the impugned common order dtd. 26/3/2022 has rejected the appellants' application [I.A. No.1] under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [for short, 'the CPC'] but certain other applications, including the application for amendment of the plaint, are allowed.

(2.) The appellants' suit, even as originally filed, was for mandatory injunction against the respondents to remove the alleged illegal structure put up in the plaint schedule-B property which is described by the appellants as conservancy lane. The appellants, with the commencement of the suit, have filed the application [I.A. No.1] for temporary injunction against the first and second respondents from constructing or putting up any structure in the schedule-B property. The appellants have later amended the plaint to include the prayer for declaration that the Judgment and decree in O.S. No.10830/2006 [earlier suit between the appellants and the respondents] would not bind their rights insofar as the schedule-B property.

(3.) It is undisputed that the respondents, who had commenced the construction including the schedule-B property even before the commencement of the suit, have now almost completed the construction. If this factum remains undisputed, the application would indeed be rendered infructuous and in that event, no interference can be called for in this appeal. If the appellants succeed in the suit, the construction put up on the subject property would have to take the consequence of such decision.