M. HEMANTH KUMAR Vs. RAJESH

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(r) of the CPC is filed by the plaintiff in O.S.No.761/2021 before the XIV Addl. City Civil Judge, Bangalore, challenging the order dtd. 12/10/2022 passed on I.A.No.I filed under Order 39 Rules 1 and 2 read with Sec. 151 of CPC and I.A.No.III 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.III filed by the defendant and interim order dtd. 16/2/2021 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.761/2021 before the Trial Court seeking for relief of permanent injunction restraining the defendant from lawful and 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 defendant from interfering with the possession of the plaintiff's suit schedule property. The Trial Court had granted exparte interim order on 16/2/2021. After appearance of defendant, the defendant filed I.A.No.III for vacating the exparte interim order. After hearing the parties, the Trial Court by order dtd. 12/10/2022 dismissed I.A.No.1 filed by the plaintiff and allowed I.A.No.III filed by the defendant and interim order dtd. 16/2/2021 was vacated. Being aggrieved by the same, the plaintiff has filed this appeal.