SOMASHEKAR GANGAIAH Vs. RAVI S.

JUDGEMENT

(1.) This petition by the defendant No.1 in O.S.No.625/2022 on the file of the Principal Civil Judge Bengaluru Rural District at Bengaluru is directed against the impugned order dtd. 30/1/2023 passed in M.A.No.129/2022 by the IV Additional Senior Civil Judge, Bangalore Rural District, Bangalore, whereby the appeal filed by respondent No.1 - plaintiff was allowed by the First Appellate Court.

(2.) Heard learned counsel for the petitioner and perused the material on record.

(3.) The material on record discloses that respondent No.1 - plaintiff instituted the aforesaid suit for permanent injunction and other relief in relation to suit schedule immovable property. In the said suit, the petitioner herein is arrayed as defendant No.1 and the Bangalore Development Authority and the Assistant Executive Engineer are arrayed as defendants Nos.2 and 3 are contesting the suit. In the suit, respondent No.1 - plaintiff filed an application - I.A.No.3 for temporary injunction. While it was granted exparte in favour of the plaintiff, pursuant to which the petitioner - defendant No.1 filed I.A.No.4 seeking vacating of the exparte order of temporary injunction. By order dtd. 17/10/2022, the trial Court rejected I.A.No.3 filed by the plaintiff and allowed I.A.No.4 filed by the petitioner - defendant No.1 and vacated the exparte order of temporary injunction. Aggrieved by the same, respondent No.1 - plaintiff preferred an appeal in M.A.No.129/2022, which was allowed by the First Appellate Court vide impugned order thereby restraining the petitioner - defendant No.1 from putting up a construction over the suit schedule property. Aggrieved by the impugned order passed by the First Appellate Court, the petitioner is before this Court by way of present petition.