MYLARAIAH Vs. MUNI SIDDAMMA

JUDGEMENT

(1.) The defendant in O.S.No.488/2022 on the file of the XV Additional City Civil and Sessions Judge, Bengaluru (for short, 'the civil Court') has filed this appeal. The civil Court by the impugned order dtd. 23/3/2022 has allowed the respondent's application (I.A.No.1) under Order XXXIX Rule 1 and 2 read with Sec. 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') restraining the appellant from putting up any construction in the suit schedule property - the site bearing No.75 (measuring 30 feet x 40 feet), curved/formed in a portion of Sy.No.48 of Nagarabhavi Village, Yeshawanthpura Hobli, Bengaluru North Taluk, Bengaluru (the subject property).

(2.) The civil Court has principally offered the following reason in support of its decision to allow the application and restrain the appellant:

(3.) The parties to the proceedings for convenience are referred to as they are arrayed before the civil Court. The plaintiff has filed this suit in O.S.No.488/2022 for grant of temporary injunction restraining the defendant from "making any construction in the suit schedule property" alleging that though she tried to stop the construction in the subject property, the defendant has continued with the illegal construction.