T.V. KESHAVA Vs. C.K. PUTTAPPA

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 20.08.2014 passed in M.A. No. 33/2010 at Annexure -J to the petition.

(2.) THE petitioner herein is the plaintiff in O.S. No. 938/2010. The suit instituted is one seeking for declaration and also for mandatory injunction and to recover possession of 'B' Schedule property.

(3.) LEARNED counsel for the petitioner while assailing the order passed by the Lower Appellate Court has referred to the order passed by the trial Court to contend that the trial Court after taking note of all relevant aspects of the matter had exercised its discretion to order status -quo so that the property could be preserved in the same nature till the suit is considered and disposed of in accordance with law. It is therefore contended that when such discretion had been exercised by the trial Court, the Lower Appellate Court could not have lightly interfered with such order.