DHANASHRI Vs. ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) This writ petition is filed questioning the impugned order dtd. 21/4/2023, passed in O.S.No.67/2023, by the Civil Judge and JMFC, Banahatti, wherein the petitioner/plaintiff had filed an application under Sec. 151 of CPC, seeking extension of interim order granted on 1/4/2023.

(2.) Plaintiff filed an application under Order 39 Rule 1 and 2 of CPC and an exparte ad-interim order of T.I. was granted on 1/4/2023. The respondents/defendants filed objections to the said application by way of written statement in the form of adopting the written statement as objections to I.A.II. An exparte interim order which was granted on 1/4/2023 came to be extended further on 19/4/2023. At the instance of respondents/defendants who had moved the Court by filing an application for advancement of the case for hearing of the matter, the same was advanced and posted on 21/4/2023 for hearing on I.A.No.II. On the said date the trial Court heard the learned counsel for the petitioner/plaintiff and respondents/defendants on the application filed under Sec. 151 of CPC for extension of interim order and passed an order rejecting the application filed under Sec. 151 of CPC for extension of interim order. Aggrieved by the said order of rejection of I.A.No.II filed under Sec. 151 of CPC for extension of Temporary Injunction order, the petitioner/plaintiff is before this Court.

(3.) It is the vehement contention of leaned counsel for the petitioner/plaintiff that the trial Court on hearing the petitioner/plaintiff and on perusal of the documents placed by her and on being satisfied with the plaintiff had made out a prima facie case and coming to the conclusion that balance of convenience is in favour of petitioner/ plaintiff, granted an ad-interim exparte temporary injunction order restraining the defendants from putting up construction of new bridge in the area shown by letters 'GHIJ' in the plaint hand sketch map across the nala denoted by letter 'N1' 'N2' by making encroachment over the suit schedule property bearing R.S.No.9/8 situated at Golbhavi village, till the next hearing date.