MALAR VENI Vs. RAMAMURTHY

JUDGEMENT

(1.) This appeal is filed praying this Court to set aside the order passed on I.A.Nos.1 & 2 of 2022 in O.S.No.7098/2022, wherein rejected the application filed under Order 39 Rule 1 and 2 r/w Sec. 151 of CPC seeking an order of injunction restraining the defendant from interfering or meddling or dispossessing the plaintiff from the schedule property.

(2.) The factual matrix of the case of the plaintiff/appellant before the Trial Court while seeking the relief of declaration and permanent injunction that the plaintiff has acquired the schedule property from its previous owner through the registered sale deed dtd. 3/5/2003 and she is the absolute owner in possession and enjoyment of the property bearing No.13, Khatha No.125 situated at Nayandahalli Village, Kengeri Hobli, Bangalore South Taluk, presently comes under the purview of BBMP measuring East to West 30 feet and North to South 50 feet with two floors RCC building constructed thereon which is morefully described in the schedule.

(3.) The revenue documents are also transferred in the name of the plaintiff in respect of the schedule property and she had paid property tax to the BBMP authorities till this day. The plaintiff has obtained trade licence in the schedule property and also taken connection from the BESCOM and also BWSSB in the name of the plaintiff in respect of the schedule property. The plaintiff is uninterrupted possession over the schedule property.