ANAND Vs. RAVI

JUDGEMENT

(1.) This petition by the plaintiffs in OS No.809/2016 is directed against the impugned common order passed in MA Nos.7 and 8 of 2017 by the learned I Addl. Senior Civil Judge and CJM, Belagavi, whereby the said appeals filed by the respondents/defendants were allowed by the first appellate Court.

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

(3.) The material on record discloses that the petitioners/plaintiffs instituted the aforesaid suit against the respondents/defendants for permanent injunction and other reliefs in relation to the suit schedule immovable properties comprising of residential flats as well as office room in the ground floor and a room in the terrace floor. It is an undisputed fact that the petitioners are developers of the said residential apartment, while respondents are Chairman and Secretary of the said Apartment Owners' Association and they are contesting the suit. Along with the suit, the petitioners/plaintiffs filed IA No.1 to 3 for temporary injunction, which was contested by the defendants and culminated in the order dtd. 10/1/2017, whereby the said applications IA No.1 to 3 filed by the petitioners/plaintiffs were allowed by the trial Court. Aggrieved by the same, the respondents/defendants filed appeals in MA Nos.7 to 9 of 2017 before the first appellate Court, which proceeded to pass the impugned common order allowing MA No.7 and 8 of 2017 and dismissing MA No.9/2017. Aggrieved by the impugned order passed by the first appellate Court in MA Nos.7 and 8 of 2017, the petitioners/plaintiffs are before this Court by way of present writ petition.