NAGAVENI G.H. Vs. KANTHAMMA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the respondents.

(2.) This appeal is filed challenging the order dtd. 16/11/2022 passed on I.A.No.1 in O.S.No.4412/2018 on the file of the LXVI Additional City Civil and Sessions Judge, Bengaluru City, (CCH-67), dismissing I.A.No.1 filed under Order 39, Rule 1 and 2 read with Sec. 151 OF CPC, wherein ex-parte injunction order has been vacated.

(3.) The main contention of the plaintiffs before the Trial Court is that, suit item Nos.1 and 2 residential building bearing Corporation Municipal No.38 situated at Banaswadi Main Road, Maruthisevanagar, Civil Station, Bengaluru, present Katha No.38, PID No.86/60/38 in Banaswadi Layout, Bengaluru consisting of two portions as item Nos.1 and 2 belongs to defendant No.8-Smt. Eramma, wife of late Muniswamy. The said Eramma is the aunt of D.C. Purushotham, the husband of the first plaintiff and father of the other plaintiffs. The said D.C. Purushotham was taking care of Eramma, since she has no issues and her husband had also died.