R RAMESH Vs. R SREENIVAS

JUDGEMENT

(1.) This appeal is filed by defendant Nos. 2 to 4 under Order 43 Rule 1(r) of CPC, challenging the order dtd. 15/12/2023 passed by the I Additional City Civil and Sessions Judge, Bengaluru in O.S.No.5841/2013, whereby IA No.7 filed by the plaintiff under Order 39 Rules 1 and 2 of CPC has been allowed.

(2.) For the sake of convenience, parties are referred to as per their ranking before the trial court.

(3.) The plaintiff filed a suit for partition and separate possession. Later, plaintiff filed IA No.7 under Order 39 Rules 1 and 2 of CPC, seeking temporary injunction restraining defendant Nos.2 to 4, their agents or anybody claiming through them from changing the nature of the suit schedule 'A' and 'K' properties by putting up constructions of any manner over suit schedule 'A' and 'K' properties. After hearing both the parties, the trial court allowed IA No.7 restraining defendant Nos. 2 to 4, their agents or anybody, from changing the nature of the suit schedule 'A' and 'K' properties by putting up constructions of any manner over suit schedule 'A' and 'K' properties. Aggrieved by the same, defendant Nos. 2 to 4 filed this appeal.