MIR IFTHEKAR ALI Vs. QUDSIA

JUDGEMENT

(1.) This is defendant's appeal challenging the order passed by 18th Additional City Civil Judge, Bangalore dated 24.6.2014 in OS No.1638/2014, wherein application filed by plaintiff under Order 39 Rule 1 and 2 read with Section 151 of CPC seeking an order of temporary injunction to restrain defendant from interfering with plaintiff's peaceful possession and enjoyment of suit schedule property came to be allowed.

(2.) I have heard the arguments of Sriyuths Yoga Narasimha, learned Senior Counsel appearing on behalf of S A Mujeeb for appellant, Kiran V Ron and C M Poonacha, learned Advocates appearing for respondent and also S S Naganand, learned Senior Counsel, who appeared on their behalf. Perused the records secured from the Trial Court.

(3.) Plaintiff claims to be the absolute owner of suit schedule property by virtue of a Gift Deed dated 30.1.2014 executed by her husband and contending interlia that it was purchased by her father-in-law in the name of defendant and on behalf of plaintiff's husband under registered sale deed dated 24.6.1974 from the funds provided by plaintiff's husband and as such her husband had filed a suit OS No.10258/1985 for declaration against defendant declaring that he is the real owner and in the said suit, defendant admitted that he had no manner of right in suit schedule property and based on the said admission, suit came to be decreed on 4.4.1985 declaring that plaintiff's husband is the owner of suit schedule property. It was contended that plaintiff's husband's another brother Mir Hamid Ali had filed OS No.10148/1986 against plaintiff for partition of suit schedule property which ended in a compromise on 17.8.1987 wherein plaintiff therein agreed that plaintiff's husband is entitled to retain the suit schedule property as absolute owner thereof and as such, suit came to be dismissed by virtue of said compromise and as such plaintiff's husband being the absolute owner of suit schedule property gifted the same to plaintiff by gift deed dated 30.1.2014 and she became the absolute owner of suit schedule property. It was also contended that defendant has no manner of right, title or interest over suit schedule property. Plaintiff on the same line as pleaded in the plaint, also filed an application seeking an order of temporary injunction against defendant from interfering with her possession and enjoyment of suit schedule property.