M. K. SRIDHARA Vs. GOPAL

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. The Respondent is served and is unrepresented.

(2.) The petitioner who is plaintiff before the trial court has challenged the order dtd. 21/11/2017 passed in O.S.No.4259/2012, whereunder the application filed by the defendant under Order VIII Rule 1(a) read with Sec. 151 of CPC has been allowed on payment of cost of Rs.500.00 by the Trial Court.

(3.) The necessary facts are that the petitioner filed a suit in O.S.No.4259/2012 for injunction in respect of an immovable property bearing No.37/42, Formerly House List No.42, Khata No.37 and situated at Vaddarapalya village, Uttarahalli Panchayath, Uttarahalli Hobli, Bengaluru South Taluk and measuring East to West (44+48)/2 and North to South 30 feet and being a vacant site and presently within the limits of Bruhath Bengaluru Mahanagara Palike, Uttarahalli Sub Division, Bengaluru, on the ground that he was the absolute owner of the said property and the defendant who is a total stranger is interfering with his possession of the suit schedule property.