M.K. THANGAM Vs. R. SATISH

JUDGEMENT

(1.) This appeal is filed against the order dtd. 5/3/2016 passed in Misc.No.25173/2011 on the file of IV Additional City Civil an Sessions Judge, Mayohall, Bengaluru.

(2.) This appeal is listed for admission. Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case is that the respondent herein has filed a suit in O.S.No.17516/2016 wherein obtained an order of permanent injunction in respect of the suit schedule property. Being aggrieved by the said order, the appellants herein have filed an application under Order IX Rule 13 of CPC wherein it is contended that while obtaining the judgment and decree, different address of the appellants herein has been shown hence, by suppressing the facts, the restraining herein has obtained the decree even though the appellants are residing in the very same property which they have purchased after construction of the building. The counsel also vehemently contend that in respect of the very same address which has been shown in the cause title of the miscellaneous petition, the respondent also sent the copy of caveat petition and the same is also served and hence, it is evident that the appellants are residing in the very same address but decree is obtained in respect of other address.