MUNENDRAPPA B.N. Vs. MARIYAPPA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned senior counsel appearing for the appellant and the learned counsel appearing for caveator/respondent No.3.

(2.) This appeal is filed challenging the order passed by the Trial Court in rejecting the application filed under Order XXXIX Rule 1 & 2 read with Sec. 151 of CPC and allowing the application filed under Order XXXIX Rule 4 of CPC, vacating the interim order granted earlier.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that while seeking an Interim order of injunction in the said suit that he had purchased the property which is mentioned in the schedule vide Sale deed dtd. 24/3/2016, which measures East to West 43 feet and North to South 40 feet, which is described in the suit schedule property and also contend that all the documents stands in the name of the plaintiff. That on 21/9/2020, when the plaintiff was getting clean the suit schedule property then defendant No.2 and henchmen of defendant Nos.1 and 3 who are absolutely strangers to the suit schedule property tried to trespass and interfere with the plaintiff's possession. Hence, the plaintiff resisted the illegal act of the defendants and sought the relief of injunction.