SURESH KUMAR Vs. KOUSHIK SOMASHEKAR

JUDGEMENT

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

(2.) This appeal is filed challenging the order dtd. 15/4/2023, passed on I.A.No.1 in O.S.No.1291/2023, on the file of the VI Additional City Civil and Sessions Judge, Bengaluru City (CCCH-11), rejecting I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC.

(3.) The plaintiff filed a suit for the relief of bare injunction in respect of the property bearing site No.3334 (Old site No.3) PID No.54-452-3334, Hosakere Halli, Uttarahalli Hobli, Bangalore South Taluk, morefully described in the plaint. An application was filed for temporary injunction under Order 39 Rules 1 and 2 of CPC to restrain the defendant and his henchman or successors from interfering with the plaintiff's peaceful possession and enjoyment of the suit property till the disposal of the suit. It is the contention of the plaintiff before the Trial Court that the Writers and Artists House Building Co-operative Society Ltd., (subsequently renamed as Viswabharathi House Building Co-operative Society Ltd.,) had allotted and sold the site measuring 80 feet from east to west and 60 feet from north to south in favour of one Sri R. Rama Murthy under a registered sale deed dtd. 7/11/1987. In turn, said Rama Murthy had executed a registered GPA in respect of site measuring 80 feet from east to west and 30 feet from north to south (whereas the suit property is 90 feet from east to west and 40 feet from north to south) in favour of Smt. R. Sujatha on 16/11/2013. In turn, based on the said GPA, she sold the said site measuring 80 feet from east to west and 30 feet from north to south in her own favour under a registered sale deed dtd. 16/11/2013. The Society had prepared a modified layout plan, which is approved by the Bengaluru Development Authority measuring 90 feet from east to west and 40 feet from north to south.