CHOTAMMA Vs. VIJAYA DEVARAJEURS

JUDGEMENT

(1.) Defendants have preferred the present writ petition assailing the order dtd. 03/04/2018, in M.A.No.18/2017, on the file of the Senior Civil Judge & JMFC at Periyapatna, (hereinafter referred to as "the trial Court" for the sake of convenience), whereby, the Miscellaneous Application filed by plaintiff was allowed with costs, consequently I.A.No.1 filed by the plaintiff in O.S.No.225/2017 under order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 ("CPC") seeking to restrain the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property came to be allowed.

(2.) The parties herein are referred to as per their ranking before the trial Court for the sake of convenience.

(3.) The suit in O.S.No.225/2017 for a permanent injunction from interfering with the peaceful possession and enjoyment of the schedule property contending that the suit schedule property is the ancestral property of the plaintiff and the plaintiff has been allotted the suit schedule property Sy.No.196/3, measuring 01 acre 22 guntas under a registered partition deed dtd. 30/03/2013.