GANDANGADA P.KARUMBAIAH Vs. KODANGADA A.VITALA

JUDGEMENT

(1.) This petition is by the defendants in O.S.No.3/2016 on the file the Senior Civil Judge, Virajpet (for short, 'the civil Court'). The petitioners have impugned the civil Court's order dtd. 27/4/2016 in O.S.No.3/2016 and the order dtd. 19/4/2018 in MA No.12/2016 on the file of II Additional District and Sessions Judge, Kodagu- Madikeri (for short, 'the appellate Court').

(2.) The respondents' suit in O.S.No.3/2016 is for declaration of title to certain immoveable properties that are described in the plaint schedule as 'A', 'B' and 'C'. The petitioners have not only resisted the suit but have also filed a counter claim for declaration of title to the properties that are mentioned in the schedule appended to the written statement.

(3.) The civil Court has allowed the respondents' application (IA.3) restraining the petitioners while rejecting their application (IA.4) for temporary injunction against the plaintiffs. The petitioners' appeal as against these orders in MA No.12/2016 is also rejected. The appellate Court, while recording that the Court in an appeal would not interfere with the discretionary order because it could exercise discretion differently, has confirmed grant of temporary injunction in favour of the respondents in the light of the rival claims and on going through the revenue records produced.