SHESHANAIKA Vs. AMEER HAMZA

JUDGEMENT

(1.) The Defendants have preferred the present writ petition assailing the order dtd. 04/11/2017, in M.A.Nos.26/2017 and 27/2017, on the file of the Addl. Senior Civil Judge & JMFC at Sagar, (hereinafter referred to as "the trial Court" for the sake of convenience), whereby miscellaneous applications filed by the plaintiff were allowed, consequently, I.A.No.5 filed by the defendants under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 ("CPC") was dismissed with costs and I.A.No.1 filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC in O.S.No.3/2017 was 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.3/2017 for a permanent injunction against the defendants contending that plaintiff is the absolute owner in possession and enjoyment of the agricultural land bearing Sy. No.49 (Old No.30) measuring 2 acres 8 guntas of land situated at Kasagundi Village, Kerehalli Hobli, Hosanagara Taluk. Along with the plaint, the plaintiff applied I.A.No.1 seeking a temporary injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property.