ASHOKA S. Vs. C. VENKATESH

JUDGEMENT

(1.) This appeal is filed by the plaintiff under Order 43 Rule 1(r) of CPC, challenging the order dtd. 2/11/2023 passed by the Senior Civil Judge and JMFC, Anekal on IA No.1 filed under Order 39 Rules 1 and 2 of CPC in O.S.No.1329/2023.

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

(3.) The plaintiff filed a suit for declaration and injunction. Along with the plaint, he has also filed an IA under Order 39 Rules 1 and 2 of CPC seeking a prayer to restrain the defendant from interfering with the suit schedule property of the plaintiff. The trial court, by order dtd. 2/11/2023 neither granted ex-parte injunction order nor given any reason for adjourning the matter to issue notice to the defendant. Hence, the plaintiff is before this Court.