GURAMMA Vs. BASANAGOUDA

JUDGEMENT

(1.) PETITIONERS are the defendants in O.S. No. 33/2008 filed by the plaintiff -respondent herein. The suit is filed for relief of declaration that the plaintiff is the absolute owner of the suit schedule property bearing Sy. No. 59/2B to an extent of 11 acres -38 guntas situated at Zalalpur Village of Sindagi Taluk in Bijapur District. The plaintiff has also sought for a decree of permanent injunction.

(2.) ALONG with the suit, plaintiff filed an application seeking temporary injunction to protect his possession. The application was resisted by the defendants -petitioners herein. The Trial Court vide its order dated 17.08.2013 allowed the application and granted temporary injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit property by the plaintiff. This was challenged in appeal before the learned District Judge, Bijapur in Miscellaneous Appeal No. 20/2013. The said appeal has been dismissed vide order dated 29.01.2014 confirming the temporary injunction granted by the Trial Court. Aggrieved by the same, this writ petition is filed.

(3.) LEARNED counsel for the petitioner -defendants submits that interim order of temporary injunction has been granted during the year 2013 after a lapse of nearly six years from the date of institution of the suit. He further points out that the mutation entry effected has not been challenged before the revenue authorities and therefore, the Courts below were not justified in declining to draw the presumption as per Section 133 of the Karnataka Land Revenue Act, 1964.