B.K. SRINIVAS Vs. R. JAYACHANDRA REDDY

JUDGEMENT

(1.) This appeal is directed against the impugned order dtd. 20/1/2023 passed on I.A.No.1 in O.S.No.25029/2022 by the IV Addl.City Civil and Sessions Judge, Mayo Hall Unit, Bangalore, whereby the said application filed by the respondent - plaintiff for temporary injunction restraining the appellants - defendants from interfering with his peaceful possession and enjoyment of the suit schedule immovable property was allowed by the trial court.

(2.) For the sake of convenience, the parties are referred to by their respective ranks in the suit before the trial court.

(3.) The material on record discloses that the respondent - plaintiff instituted the aforesaid suit for permanent injunction and other reliefs restraining the appellants - defendants from interfering with his peaceful possession and enjoyment of the suit schedule immovable property which was described as Western portion of site bearing No.238, formed out of Sy.No.76 of Hongasandra village, situated at Begur - Hongasandra MICO layout, Begur road, Bangalore - 560068, as detailed in the schedule to the plaint. The defendants filed their written statement not only denying / disputing the claims and contentions of the plaintiff but also put forth a counter claim for permanent injunction in relation to the written statement schedule property by describing the same as a land bearing Sy.No.76 measuring 31 guntas situated at Hongasandra village, Begur Hobli, Bangalore South taluk, coming within BBMP jurisdiction as detailed in the schedule to the written statement. It is contended by the defendants that the plaintiff is illegally and highhandedly attempting to put forth a false and frivolous claim over the written statement schedule property measuring 31 guntas in Sy.No.76 without having any right, title, interest or possession over the same and that the suit of the plaintiff was liable to be dismissed and the counter claim of the defendants deserves to be allowed.