SHAINESH GHANASHAM JOGALEKAR Vs. KALAVATI GIRIY JOGLEKAR

JUDGEMENT

(1.) This petition by the defendant in O.S.No.137/2021 is directed against the impugned order dtd. 21/1/2022 passed by the I Additional Civil Judge, Sirsi whereby confirmed by the impugned order dtd. 3/8/2022 passed in MA.No.3/2022 by the Senior Civil Judge, Sirsi.

(2.) Heard the learned counsel for the petitioner and learned counsel for respondents and perused the material on record.

(3.) The material on record discloses that the respondent Nos.1 and 2/plaintiffs instituted the aforesaid suit for permanent injunction and other reliefs in relation to the suit schedule immoveable properties. Along with the suit, the respondents filed three applications I.A.Nos.I to III all under Order XXXIX Rule 1 and 2 read with Sec. 151 of CPC for temporary injunction against the petitioner/defendant. The said suit and applications having been contested by the petitioner/respondent, the Trial Court proceeded to pass the common impugned order dtd. 21/1/2022 on I.A.Nos.I to III allowing all applications and restraining the petitioner/defendant from putting up construction over the item No.3 of the suit schedule properties. Aggrieved by the same, the petitioner preferred an appeal in MA.No.3/2022, which also came to be dismissed vide order dtd. 3/8/2022. Aggrieved by the impugned order passed by the Trial Court and the first appellate Court, the petitioner/defendant is before this Court by way of the present petition.