C SAMUEL EDWIN Vs. GUNAMBA MATERNITY

JUDGEMENT

(1.) This Writ Petition is filed by the plaintiff, challenging the order dtd. 8/2/2022 passed in MA No.71 of 2021 on the file of the IV Additional Senior Civil Judge and JMFC, Mysuru, allowing the appeal and thereby setting aside the order dtd. 30/8/2021 passed in Original Suit No.161 of 2021 by the Principal Civil Judge and JMFC, Mysuru.

(2.) The relevant facts for adjudication of this writ petition are that, plaintiff has filed suit against the defendant seeking relief of permanent injunction stating that the plaintiff is absolute owner in possession of the suit schedule property and the defendant is interfering with the suit schedule property and therefore, the plaintiff filed suit against the defendant. Along with the plaint, the plaintiff has filed IA.I under Order XXXIX Rule 1 and 2 of Code of Civil Procedure seeking the relief of ad interim temporary injunction restraining the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property. The said application was countered by the defendant by filing objection. The trial Court, by order dtd. 30/8/2021 allowed IA.I filed by the plaintiff and feeling aggrieved by the same, the defendant has filed MA No.71 of 2021 on the file of the First Appellate Court and the same was resisted by the plaintiff. The First Appellate Court by its order dtd. 8/2/2022 allowed the appeal, consequently set aside the order dtd. 30/8/2021 in Original Suit No.161 of 2021. Being aggrieved by the impugned order dtd. 8/2/2022 in MA No.71 of 2021, the plaintiff has presented this Writ Petition. The respondent entered appearance and filed detailed written statement.

(3.) I have heard Sri Sangamesh R.B., learned counsel appearing for the petitioner and Sri H.B. Chandreshekar, learned counsel appearing for the respondent.