VIDHYASHILP INDIA PRIVATE LIMITED Vs. Y.N. ASHWATHA

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellants and the learned counsel for the caveator/respondent No.3.

(2.) This appeal is filed being aggrieved by the order of the Trial Court passed in O.S.No.5900/2022 on I.A.No.1 filed by the plaintiffs under Order 39 Rules 1 and 2 read with Sec. 151 of CPC questioning the allowing of the application and rejecting the application filed by the appellants i.e., I.A.No.2 filed under Order 39 Rule 4 read with Sec. 151 of CPC.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court is that the plaintiffs filed a suit for the relief of permanent injunction praying the Court to grant an order of injunction, interalia sought for an order to grant temporary injunction restraining the defendants, their agents, servants or anybody else claiming through them from preventing the plaintiffs from using the road marked as DEFG in the rough sketch to gain access to the suit schedule property, till the disposal of the suit. In support of the application, an affidavit is sworn to by plaintiff No.3 that plaintiff No.1 is her father and plaintiff No.2 is her brother. The agricultural land situated in Sy.No.41/3 Yelahanka Taluk, Bangalore which is fully described in the schedule to the plaint and referred to as "suit schedule property", is the ancestral and joint family property of herself, her father and brother. They have been in possession and enjoyment of the suit schedule property. It is contended that in the family partition, her father was allotted the suit schedule property and another half portion in the same survey number is allotted to the share of Kempanna, the uncle of his father. The said Kempanna converted his property for non-agricultural for transport purpose. The defendants have purchased the property from the said Kempanna. The suit schedule property and the property allotted to the share of Kempanna, the uncle of her father is totally measuring 1 acre 21 guntas. Since time immemorial, their ancestors had been gaining access to the said land from Bengaluru-Ballary main road through the adjacent land which are also purchased by defendant No.1. After the partition between Kempanna and her father, they were also gaining access to the suit schedule property through the said road. Except the said road there is no other road to gain access to the suit schedule property. Now the said road DEFG is formed with asphalted (Bitumen) road.