SRIVIDYA Vs. K. SHIVAKUMAR

JUDGEMENT

(1.) This appeal is filed by the defendant Nos. 1 and 2 under Order 43 rule 1(r) of the Civil Procedure Code challenging the order dtd. 25/11/2022 passed by the VI Addl. City Civil and Sessions Judge in O.S.No.5405/2022, whereby IANo.1 filed under Order 39 Rules 1 and 2 of Civil Procedure Code is allowed.

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

(3.) The plaintiff has filed a suit for bare injunction against the defendants in respect of the suit schedule property before the VI Additional City Civil and Sessions Judge, Bangalore in O.S.No.405/2022. Along with the plaint, he has filed IA No.1 under Order 39 Rules 1 and 2 of Civil Procedure Code. After service of summons, the defendants have appeared through counsel and filed a written statement and also filed objections to IA No.1. After hearing the parties and considering the materials available on record, IA No.1 filed under Order 39 Rules 1 and 2 is allowed and the defendants are restrained from interfering with the peaceful possession or trespassing or dispossessing the plaintiff from the suit schedule property till the dismissal of the suit. Being aggrieved by the same, the defendants have filed this appeal.