MUBEEN TAJ Vs. THE CHIEF OFFICER TOWN PANCHAYAT

JUDGEMENT

(1.) THE petitioners are before this Court assailing the order dated 26.06.2014 passed on I.A. No. 3 in O.S. No. 144/2014 and the judgment dated 15.07.2014 passed in M.A. No. 3/2014. The same are impugned at Annexures -R and T to the petition.

(2.) THE petitioners herein are the plaintiffs in O.S. No. 144/2014. In a suit filed by them against the respondents herein, they have sought for a judgment and decree of permanent injunction to restrain the defendants from interfering with the suit schedule property. In the suit schedule property, they have described the measurement of the same as East to West 209 feet and North to South 23 feet with the boundaries as shown therein. In the pending suit, they have also filed an application under Order 39 Rule 1 and 2 of CPC seeking grant of temporary injunction. The trial Court on considering the rival contentions has dismissed the application by the order dated 26.06.2014 (Annexure -R) to the petition. The plaintiffs claiming to be aggrieved by the same had preferred an appeal before the Lower Appellate Court in M.A. No. 3/2014. The Lower Appellate Court after considering the rival contentions has dismissed the appeal. Against the concurrent order and judgment passed by the Courts below, the petitioners are before this Court assailing the same.

(3.) HEARD Sri Janardhan. G., learned counsel for the petitioners and Sri A.V. Gangadharappa, learned counsel for the respondents and perused the petition papers including the rejoinder which is filed today before this Court.