SHIVAGANGA EDUCATIONAL TRUST Vs. K.L NAGENDRA

JUDGEMENT

(1.) Challenging order dtd. 8/6/2022 passed by Senior Civil Judge and JMFC., at Sira, in O.S.no.92/2021 on IA no.VII filed under Order XXXIX rule 1 and 2 of CPC, this appeal is filed.

(2.) Appellant herein was defendant no.8, while respondents no.1 to 3 herein were plaintiffs; respondents no.4 to 10 herein were defendants no.1 to 7 respectively. They shall hereinafter be referred to as such in this order.

(3.) O.S.no.92/2021 was filed seeking for setting aside judgment and decree dtd. 31/1/1990 in O.S.no.5/1984 passed by Civil Judge, Madhugiri, in respect of suit property; cancellation of registered sale deed dtd. 24/2/1992 executed by defendant no.1 to defendant no.8; setting aside judgment and decree dtd. 12/8/2020 in O.S.no.249/1993 passed by Prl. Civil Judge, & JMFC., Sira, etc. In said suit, plaintiff filed I.A.no.VII under XXXIX Rule 1 and 2 of CPC for restraining defendant no.8 from putting up any construction on 'B' and 'C' schedule properties during pendency of suit.