B. L. BETTA SWAMY Vs. B. NAGARAJU

JUDGEMENT

(1.) This petition by the plaintiffs arises out of the impugned order dtd. 23/3/2019 passed on I.A.Nos.1 and 2 in O.S.No.267/2018 on the file of the Principal Civil Judge and JMFC, Kunigal, which was confirmed by order dtd. 21/4/2023 in MA No.8/2019 on the file of the Senior Civil Judge and JMFC, Kunigal.

(2.) The material on record discloses that the petitioners/plaintiffs instituted the aforesaid suit against the respondent/defendant for permanent injunction and other reliefs in relation to the suit schedule A and B properties. The said suit is being contested by the respondent/defendant. In the said suit, the petitioners/plaintiffs filed an application for temporary injunction restraining the respondent/defendant from interfering with plaintiffs' peaceful possession and enjoyment of the suit schedule properties. So also the respondent/defendant filed an application I.A.No.2 for temporary injunction restraining the plaintiffs' from putting up any construction over the 'B' schedule property. Both the applications having been opposed / contested by the other side, the Trial Court proceeded to pass the impugned common order by allowing I.A.No.2 filed by the respondent/defendant and dismissing I.A.No.1 filed by the petitioners/plaintiffs. Aggrieved by the aforesaid orders passed on I.A.Nos.1 and 2, petitioners/plaintiffs preferred appeal in M.A.No.8/2019, which was also dismissed by the First Appellate Court. Aggrieved by the impugned orders passed by the Trial Court and First Appellate Court, petitioners are before this Court by way of present petition.

(3.) A perusal of the impugned order passed by the Trial Court, indicates that Trial Court has failed to consider and appreciate the specific contention urged by the petitioners that they would put up/ construct/erect only a storage water tank in front/adjacent to the house of the petitioners/plaintiffs situated on the suit schedule properties.