LAWS(KAR)-2023-3-460

A. S. SAVUKAR Vs. KAMUJU SURYAHARI SHETTY

Decided On March 29, 2023
A. S. Savukar Appellant
V/S
Kamuju Suryahari Shetty Respondents

JUDGEMENT

(1.) This appeal is directed against the impugned order dtd. 7/4/2022 passed in O.S.No.2408/2022 passed by the LXII Additional City Civil and Sessions Judge, Bengaluru (CCH-63), whereby the application, I.A.No.1 filed by the respondent/plaintiff under Order XXXIX Rule 1 and 2 CPC for temporary injunction restraining the appellants/defendants from entering upon the suit schedule premises or any portion thereof or otherwise interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule premises was allowed.

(2.) Heard learned counsel for the appellants and learned counsel for the respondent.

(3.) The material on record discloses that the respondent-plaintiff has instituted the aforesaid suit for permanent injunction against the appellants/defendants. Along with the suit the respondent- plaintiff having filed the aforesaid application seeking ad-interim order of temporary injunction, the trial court proceeded to pass and order granting temporary injunction in favour of respondent-plaintiff restraining the appellants-defendants from entering upon the suit schedule premises or any portion thereof or otherwise interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule premises.