Y N AMARAVATHY Vs. MALINI

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(r) of CPC is filed by the plaintiff in O.S.No.5298/2021 before the VII Addl. City Civil and Sessions Judge, Bangalore, challenging the order dtd. 24/3/2023 passed on I.A.No.4 filed under Order 39 Rule 4 of CPC, whereby the Trial Court has allowed I.A.No.4 filed by the defendant and vacated the interim order granted in favour of the plaintiff.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) The plaintiff filed the suit before the Trial Court for bare injunction. Along with the suit, the plaintiff filed application under Order 39 Rules 1 and 2 of CPC seeking an order of temporary injunction. At the first instance, the Trial Court granted an exparte interim order directing the parties to maintain status-quo in respect of the suit schedule property. On service of suit summons, defendant appeared through counsel and filed written statement and also filed I.A.No.4 under Order 39 Rule 4 of CPC. After hearing the parties, the Trial Court by impugned order dtd. 24/3/2023 allowed I.A.No.4 filed by the defendant and vacated the exparte interim order. Being aggrieved by the same, the plaintiff has filed this appeal.