KUMUDHA Vs. SATISH H. V.

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(r) of the CPC is filed by the plaintiff in O.S.No.7233/2018 before the XXXV Addl. City Civil Judge, Bangalore, challenging the order dtd. 9/1/2019 passed on I.A.No.I filed under Order 39 Rules 1 and 2 read with Sec. 151 of CPC and I.A.No.II filed under Order 39 Rule 4 read with Sec. 151 of CPC, whereby the Trial Court has dismissed I.A.No.1 filed by the plaintiff and allowed I.A.No.II filed by the defendants and interim order dtd. 3/10/2018 has been vacated.

(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 in O.S.No.7233/2018 before the Trial Court seeking for relief of permanent injunction restraining the defendant from interfering with the peaceful possession of the plaintiff's suit schedule property. Along with the suit, the plaintiff had also filed I.A.No.1 under Order 39 Rules 1 and 2 read with Sec. 151 of CPC seeking for grant of an order of temporary injunction restraining the defendants from interfering with the possession of the plaintiff's suit schedule property. The Trial Court had granted exparte interim order on 3/10/2018. On service of summons, defendants appeared through counsel and filed written statement. The defendants filed I.A.No.II for vacating the exparte interim order. After hearing the parties, the Trial Court by order dtd. 9/1/2019 dismissed I.A.No.1 filed by the plaintiff and allowed I.A.No.II filed by the defendant and interim order dtd. 3/10/2018 was vacated. Being aggrieved by the same, the plaintiff has filed this appeal.