KESHAVAMURTHY V. Vs. NIRMALA

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(r) of CPC is filed by the plaintiff in O.S.No.3350/2013 before the V Addl. City Civil Judge, Bangalore, challenging the order dtd. 13/6/2023 passed on I.A.No.5 filed under Order 39 Rules 1 and 2 read with Sec. 151 of CPC, whereby the Trial Court has dismissed I.A.No.5 filed by the plaintiff.

(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 before the Trial Court for declaration and permanent injunction. Along with the suit, the plaintiff filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC seeking for an order of temporary injunction restraining the defendants from alienating the suit schedule property. On service of suit summons, defendants appeared through counsel and filed written statement. After hearing the parties, the Trial Court by order dtd. 7/9/2013 allowed I.A.No.1 filed by the plaintiff and granted exparte interim order and the said order attained finality. Thereafter, the defendants tried to put up construction in the suit schedule property. Therefore, the plaintiff filed I.A.No.5 under Order 39 Rule 1 and 2 of CPC seeking temporary injunction restraining the defendants and his henchmen from developing or changing the nature of the suit schedule property. After hearing the learned counsel for the parties, the Trial Court by impugned order dtd. 13/6/2023 has dismissed the application, i.e., I.A.No.5. Being aggrieved by the same, the plaintiff has filed this appeal.