VISHAKANTA Vs. MANGALAGOWRAMMA

JUDGEMENT

(1.) PETITIONERS are defendants in OS No. 73/2011 on the file of the Civil Judge (Jr.Dn.) and JMFC, Hunsur. They being aggrieved by the order dated 10.2.2012 passed on I.A. No. 4/2012 in OS No. 73/2011 by the Civil Judge (Jr.Dn.) and JMFC, Hunsur vide Annexure -A have filed these writ petitions.

(2.) THE respondent herein filed the suit seeking for permanent injunction restraining the defendants therein from interfering with the peaceful possession and enjoyment of the suit schedule property of the plaintiff. After service of notice, the petitioners herein filed written statement denying the entire averments made in the plaint and denying title of the plaintiff/respondent herein. The plaintiff filed I.A. No. 1 under Order 39 R.1 and 2 of CPC seeking for temporary injunction pending disposal of the suit. The Trial Court by its order dated 7.1.2012 granted an interim order restraining the defendants from interfering with the plaintiffs peaceful possession and enjoyment of suit schedule property while rejecting I.A.II filed by the defendants under Order 39 R.4 of CPC. Inspite of the interim order, the defendants interfered with the possession. In view of that, the plaintiff filed I.A. No. 4 seeking for police assistance for implementation of the interim order dated 7.1.2012 passed by the Trial Court. The Trial Court by its order impugned allowed the application and directed the police to help the plaintiff to enforce the interim order of injunction granted on 7.1.2012. Being aggrieved by the said order, the petitioners have filed these writ petitions.

(3.) THE Advocate appearing for the respondent argued in support of the order impugned passed by the Trial court and contended that the petitioners have not made out the case to interfere with the order of the Trial Court.