LAWS(KAR)-2023-7-1292

VISHVAS GOPICHAND Vs. MAHAVEER KUMAR

Decided On July 19, 2023
Vishvas Gopichand Appellant
V/S
Mahaveer Kumar Respondents

JUDGEMENT

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

(2.) This appeal is filed challenging the order dtd. 10/6/2022 passed on IA No.1 in O.S.No.698/2022 on the file of the LXIX Additional City Civil and Sessions Judge, Bengaluru, (CCH-70), dismissing IA No.1 filed under Order 39, Rule 1 and 2 of CPC.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that he had filed the suit for the relief of declaration to declare that the sale deed dtd. 16/12/2019 executed by the plaintiff in favour of defendant No.1 and others in respect of plaint schedule 'B' property as null and void and the same is not binding on the plaintiff and direct the defendant No.1 and others to deliver the vacant physical possession of the plaint 'B' schedule property to the plaintiff and also to direct the defendants to pay Rs.1,13,13,090.00 with interest at 18% per annum from the date of registration of schedule 'B' property i.e., on 16/12/2019 till realization and also pass an order of permanent injunction restraining the defendant Nos.1 to 10 from alienating, encumbering, mortgaging and putting up construction in plaint schedule 'B' property in the interest of justice.