CHETHAN Vs. ROSE GARDEN HOUSING DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned counsel for the caveator/respondent.

(2.) The present miscellaneous appeal is filed against the order dtd. 20/7/2024 passed in O.S.No.7613/2023 allowing I.A.No.1 filed under Order 39 Rules 1 and 2 read with Sec. 151 of CPC, wherein prayer was sought against defendant Nos.1 to 3 restraining them by way of temporary injunction from causing interference with the plaintiff's peaceful possession and enjoyment of the suit schedule 'B' property, pending disposal of the suit and injunction was granted and hence the appellants/defendant Nos.1 to 3 are before this Court by filing this miscellaneous appeal.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the plaintiff is the absolute owner in possession of suit schedule 'B' property and sought for consequently relief of permanent injunction to restrain the defendants from interfering with the plaintiff's peaceful possession of suit schedule 'B' property. It is also the contention of the plaintiff that one Sri S.N. Kashyap was the absolute owner of the land bearing Sy.No.12/3 measuring an extent of 1 acre 20 guntas, situated at Arakere Village, Begur Hobli, Bannerghatta Road, Bengaluru South Taluk, having purchased the same by way of a registered sale deed dtd. 10/6/1971 from one Muthappa. After the death of the said S.N. Kashyap, the said property was inherited by his son Sri U.N. Kashyap. The said U.N. Kashyap along with M/s. Anan Properties and Finance company Limited and M/s. Riviera Apparels and Components Private Limited, constituted partnership firm named M/s. UNAR Developers on 12/4/1992 for the purpose of construction and allied activities and 20 guntas of converted land from the aforementioned property was set aside for the said partnership firm. The partnership firm purchased the remaining 1 acre of land in Sy.No.12/3. Further, the firm also purchased land measuring 26 guntas in Sy.No.38/5. Hence, it is contended that the partnership firm is the absolute owner of 1 acre in Sy.No.12/3, converted land of 20 guntas in Sy.No.12/3 and 26 guntas (93654 sq. ft.) in Sy.No.38/5. It is further contended that out of the said 93654 sq.ft. of land, 7742 sq.ft. was acquired by the BDA for widening of the road and 87120 sq. ft. was retained. Subsequently, the said firm was reconstituted as the plaintiff Company.