MAMATHA Vs. T.P. HITHENDRA

JUDGEMENT

(1.) The petitioners herein are the defendants in O.S.No.11/2016, in the Court of learned Senior Civil Judge and J.M.F.C., Sakaleshpur (hereinafter for brevity referred to as 'trial Court'), which suit was filed by the present respondents as plaintiffs for the relief of declaration to declare that the plaintiffs are the absolute owners of the suit schedule properties and also for declaration to the effect that the mutation entries said to have effected by the Tahsildar with respect to the suit schedule properties in favour of the defendants are null and void. Consequently, the relief of permanent injunction has also been sought.

(2.) The plaintiffs also filed an interlocutory application IA.No.2 under Order XXXIX Rule 1 and 2 read with Sec. 151 of Code of Civil Procedure, 1908 (hereinafter for brevity referred to as 'CPC'). They could able to get an ex parte interim order of temporary injunction in the beginning, however, after the appearance of the defendants, who contested the matter, the trial Court after hearing both side on the said IA.No.2, filed under XXXIX Rule 1 and 2 read with Sec. 151 of CPC, by its order dtd. 25/6/2016, rejected the said IA.No.2 and the ad interim temporary injunction granted earlier was also vacated under the said order dtd. 25/6/2016.

(3.) Aggrieved by the same, the plaintiffs preferred an appeal under Order XLIII Rule 1 of CPC in M.A.No.3/2016, in the Court of learned V Addl.District and Sessions Judge, Hassan (hereinafter for brevity referred to as 'first Appellate Court'), which after hearing both side, by its order dtd. 8/8/2016, allowed the Miscellaneous Appeal and while setting aside the order dtd. 25/6/2016, passed by the trial Court in O.S.No.11/2016, it restrained the respondents/defendants from alienating the suit schedule property till the disposal of the suit before the trial Court. Challenging the said order of the first Appellate Court, the defendants in the trial Court have preferred this writ petition.