VITTAL Vs. MUGAPPA

JUDGEMENT

(1.) Heard the learned counsel for petitioner Sri S.S.Beturmath. Notice is not being issued to the respondent, as this Court is not inclined to grant any order in favour of the petitioner.

(2.) This petition is filed by the petitioner seeking for a writ of certiorari to quash the impugned order dtd. 21/2/2023, passed in Misc.A.No.33/2022, by the Prl.Senior Civil Judge and CJM, Dharwad and consequently to dismiss the application I.A.No.1 filed under Order 39 rule 1 and 2 of CPC.

(3.) It is the contention of the petitioner that he had entered into a registered agreement of sale on 1/6/2020 and pursuant thereto he has been in peaceful possession and enjoyment of the property by virtue of an oral agreement between the petitioner and respondent. This being the state of affairs, the respondent filed suit in O.S.No.478/2021 for the relief of permanent injunction, in which suit the application came to be filed under Order 39 Rule 1 and 2 of CPC by the respondent/plaintiff for temporary Injunction. The said application came to be rejected by the trial Court, aggrieved by which the respondent/plaintiff preferred an appeal in M.A.No.33/2022. On hearing both the parties, the Miscellaneous Appeal came to be allowed. The order of rejection of the application under Order 39 rule 1 and 2 of CPC came to be set aside and consequently the application came to be allowed. The petitioner/defendant came to be restrained by way of temporary injunction from interfering with the plaintiff's possession over the suit schedule property till the disposal of the suit.