NAGAPPA Vs. MEENAKSHI

JUDGEMENT

(1.) The present petition is filed assailing the order dtd. 15/12/2017 passed on I.A.No.3 in O.S.No.286/2015 by the II Additional Civil Judge and JMFC-II Court, Dharwad (for short 'the trial Court') wherein, the application filed by the respondents for police protection was allowed. The petitioners herein are the defendants in the suit filed by the respondents for bare injunction.

(2.) The brief facts leading to filing this petition are that, the trial Court has considered I.A.No.2 filed by the plaintiff and granted temporary injunction, restraining the defendant Nos.1 to 4 therein, from interfering with the peaceful possession and enjoyment of the suit property of the plaintiffs. The petitioners/defendants herein have filed an application dtd. 17/3/2017 under Order 39 Rule 4 read with Sec. 151 of CPC, seeking to discharge/vary the temporary injunction granted on 9/9/2016. In the meantime, the plaintiffs have filed an application i.e. I.A.No.3 in the said suit seeking prayer to provide police protection in pursuance of the temporary injunction order granted on 9/9/2016. The said application was allowed by the trial Court by impugned order. In these factual matrix, the present petition is filed, assailing the order dtd. 15/12/2017 passed by the trial Court on I.A.No.3.

(3.) Learned counsel Sri. V.S.Kalasurmath, appearing for the petitioners submits that, the trial Court has committed an error in not considering the pending application filed by the petitioners/defendants seeking prayer to vacate the interim order dtd. 9/9/2016 passed by the trial Court in O.S.No.286/2015 and without considering the same, the trial Court has proceeded to consider I.A.No.3 filed on 2/1/2017 sought for police protection, by granting the police protection. Hence, the defendants are seeking to set aside the order with a direction to the trial Court to consider both the application i.e. I.A.Nos.3 and 4 together afresh and take appropriate decision on merits.