SYED ASMAT JAN Vs. V. KRISHNA

JUDGEMENT

(1.) COURT below has rejected I.A. No. 14 filed by plaintiffs under Order 39, Rules 1 and 2 read with Section 151 of Civil Procedure Code, 1908 praying for temporary injunction. Appellants herein are plaintiffs in O.S. No. 5708 of 2012. Suit is for permanent injunction in respect of various sites said to have been purchased by plaintiffs formed in Survey No. 202. According to the plaintiffs, their vendors had formed the sites in Survey No. 202 and purchased the sites in the year 1984.

(2.) IT is the case of the defendants that property in question is a Government property and therefore father of the plaintiffs did not have any right over the said property and consequently, the plaintiffs cannot claim any right over the allotted sites.

(3.) IT is also brought to the notice of the Court by the learned Advocate for the appellants that, as on this date, BBMP has formed park and public are using the same; according to the plaintiffs/appellants, the huts of the plaintiffs were demolished illegally, though, there is no specific order granted in favour of the defendants.