GIRIYAPPA Vs. K. J. DEVAKI

JUDGEMENT

(1.) Challenging order dtd. 1/7/2017 (Annexure-H) passed by Prl. Senior Civil Judge & A.C.J.M., in M.A.no.14/2016 confirming order passed by Additional Civil Judge and JMFC, Puttur, on I.A.no.2 in O.S.no.32/2016 at Annexure-G, this writ petition is filed.

(2.) Shri K.Chandrakanth Ariga, learned counsel appearing for petitioner submitted that petitioner is defendant in O.S.no.32/2016 filed by plaintiff for permanent injunction. In said suit, plaintiffs filed I.A.no.2 under Order XXXIX Rule 1 and 2 of CPC for temporary injunction. Defendant - petitioner had filed written statement along with objections to I.A.no.2.

(3.) On consideration, trial Court passed impugned order granting temporary injunction against interference with plaintiffs possession and enjoyment of schedule property. Aggrieved thereby, petitioner filed M.A.no.14/2016 on several grounds. Without proper consideration first appellate Court dismissed appeal by order dtd. 1/7/2017 leading to this writ petition.