PUSHPALATHA B.K. Vs. M.D. MAHESH

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellant and the learned counsel for the respondents.

(2.) This appeal is filed challenging the order dtd. 5/11/2022, passed on I.A.Nos.1 and 2 in O.S.No.5235/2022, on the file of the XXXIX Additional City Civil Judge (CCH-40), Bengaluru City, dismissing I.A.No.1 filed by the plaintiff under Order 39 Rules 1 and 2 of CPC and allowing I.A.No.2 filed by defendant No.2 under Order 39 Rule 4 of CPC and vacating the interim order.

(3.) It is the contention of the plaintiff that the suit schedule property came to the share of the plaintiff's husband by way of partition and later on, the husband of the plaintiff gifted the property in favour of the plaintiff and there are tenants in the ground floor that is meant for commercial purpose and the plaintiff is staying in the II Floor and there is a tenant in the I Floor. The defendants are interfering with the possession of the plaintiff and trying to collect the rents from the tenants of the plaintiff and hence the plaintiff sought for an order to restrain the defendants from interfering with the possession of the plaintiff.