RAJESH KUMAR NAIDU NALLAPATI Vs. M. PRABHAVATHI

JUDGEMENT

(1.) These appeals are filed under Order 43 Rule 1(r) of CPC by the defendants challenging the order dtd. 5/8/2023 passed by the VII Additional Senior Civil Judge, Bangalore Rural District, Bengaluru in O.S.Nos. 482/2023, 412/2023, 473/2023, 475/2023, 477/2023, 478/2023, 411/2023, 416/2023, 472/2023, 481/2023, 413/2023, 484/2023, and 417/2023, respectively, whereby IA Nos. 1 and 2 filed by the plaintiff to restrain defendants/appellants, from putting up construction and not to create any third party interest, are allowed.

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

(3.) The brief facts of the case are that the plaintiff filed a suit for a declaration to declare that the sale deed executed in favour of the defendants/appellants, is illegal, void and not binding on the plaintiff. Along with the plaint, she has also filed IA Nos. 1 and 2 under Order 39 Rules 1 and 2 of CPC seeking temporary injunction against the defendants/appellants restraining from creating any third party interest and also restraining to put up construction over the suit schedule property.