K. HONNURSWAMY Vs. BASAPPA

JUDGEMENT

(1.) This petition is directed against the common impugned order dtd. 7/7/2016 passed on I.A.Nos.2 and 3 in O.S.No.438/2016 on the file of I Addl.Civil Judge and J.M.F.C. at Ballari whereby the aforesaid applications filed by the respondents-plaintiffs against the petitioners-defendants was allowed by the trial Court.

(2.) Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the respondents instituted the aforesaid suit against the petitioners for declaration and injunction in relation to the suit schedule immovable properties and for other reliefs. Along with the suit, respondents filed two applications viz., I.A.No.2 under Order I Rule 8 CPC seeking permission to sue in a representative capacity and I.A.No.3 under Order XXXIX Rule 1 and 2 r/w Sec. 94 and 151 CPC for temporary injunction against the petitioners. It is the grievance of the petitioners that despite having filed a caveat prior to institution of the aforesaid suit, the trial Court proceeded to pass the impugned order allowing I.A.Nos.2 and 3 without issuing notice to the caveators/ petitioners or hearing them and as such, the petitioners are before this Court by way of present petition.