SAVITRI Vs. APPASAB BABANNA SARWAD

JUDGEMENT

(1.) I.A.No.III was filed in O.S.No.71/2013 before the Principal Senior Civil Judge, Athani (hereinafter referred to as 'the trial Court', for brevity). In the said application, plaintiff has sought for temporary injunction against the defendants in respect of the property bearing Survey No.375 measuring 3 acres 21 guntas and eastern portion of Survey No.376 measuring 9 acres 3 guntas (wrongly typed as western portion in the impugned order).

(2.) The trial Court noticing the fact that the plaintiff is claiming right over the aforementioned properties under the registered gift deed executed by the plaintiff's brother, granted temporary injunction. Aggrieved by the said order, all defendants are in appeal.

(3.) Sri. Rohit S. Patil, learned counsel appearing for the appellants would submit that, the defendants/ appellants are in possession of the properties for which injunction is granted and it is his contention that the plaintiff had borrowed loan of Rs.14,00,000.00 from defendant No.1 and in consideration of the same, had allowed defendant No.1 to cultivate the properties and to recover the dues from the income from the suit schedule properties.