SRI. ANNAYAPPA Vs. SRI. NARAYANAPPA AND SRI. RAMAKRISHNAPPA

JUDGEMENT

(1.) PETITIONER is the plaintiff and respondents are the defendants in O.S. No. 337/2013 on the file of the Principal II Civil Judge, Bangalore Rural District. The suit was filed on 23.02.2013 to pass a judgment and decree of mandatory injunction against the defendants to remove the walls, pillars, construction work and construction labours from the plaint schedule 'A' property and grant permanent injunction, restraining the defendants and persons claiming through them from alienating or interfering with the possession and enjoyment of the suit property. Along with institution of the suit, the plaintiff moved I.A. 1/2013 under Order 39 Rule 1 and 2 of CPC to dispense with issue of notice and pass an ad -interim exparte order of temporary injunction restraining the defendants or persons claiming under them and the defendants, in any way putting up or continuing the construction work on the suit property, pending disposal of the suit. He also moved I.A. 2/2013 under Order 39 Rule 1 and 2 of CPC to dispense with notice and pass an ad -interim exparte order of temporary injunction restraining the defendants or any one claiming under the defendants from in any way alienating or creating third party interest on all the suit property pending disposal of the suit. On 26.02.2013, after noticing that the 1st defendant is the mother and 2nd defendant is the son of the plaintiff and the RTC extracts and other revenue documents of the suit property are in the joint names of the plaintiff, 1st defendant and one Karagappa and noticing the prayers in I.As. 1 and 2, the learned trial Judge opined that as far as I.A. 2 is concerned, the plaintiff is having prima facie case and passed the following order: -

(2.) THIS writ petition was filed on 07.03.2013 to directing the trial court to decide I.A. No. 1 forthwith and to grant consequential reliefs.

(3.) THE relevant portion of Section 104 of CPC reads thus: