NINGANAGOUDA HOSAMINI Vs. BASAVARAJA MALAGATTI

JUDGEMENT

(1.) This appeal is filed by the appellant-plaintiff in O.S.No.8267/2013 before the XXVII Addl. City Civil Judge, Bangalore City challenging the order dtd. 21/8/2014 passed on application i.e., I.A.No.I filed by the plaintiff under Order 39 Rules 1 and 2 read with Sec. 151 of CPC whereby the Trial Court has dismissed the application.

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

(3.) Brief facts of the case of the plaintiff is that he is the absolute owner of the land bearing Sy.No.11 measuring 1 acre 28 guntas situated in Kodigehalli Village. He has purchased the said land from his previous owner through a registered sale deed dtd. 10/8/1983. Pursuant to the same, his name is entered in the revenue records. He has formed the layout and sold some of the sites to different persons and they have constructed building in the sites. He has retained site Nos.23, 24 and 25 measuring about 5000 sqft. and he is in possession of the said sites. The land in Sy.No.11 was notified for acquisition by the Government for NTI House Building Co-operative Society in the year 1985. Even though the said land has been acquired under the Land Acquisition Act, so far, the possession has not been taken by the Government and till date, he is in possession of the same. Since the defendants were obstructing to his peaceful possession and enjoyment of the suit schedule property, the plaintiff filed the suit for the relief of perpetual injunction and along with the suit, he has filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC for grant of an order of temporary injunction.