KUSUMA KUMARI Vs. GANESH BABU

JUDGEMENT

(1.) Challenging order dtd. 10/10/2023 passed by LII Addl. City Civil and Sessions Judge, Bengaluru, in O.S.no.5156/2021 on I.A.no.1/21 filed under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 ('CPC' for short), this appeal is filed.

(2.) Smt.Nalina Mayegowda, learned Senior Counsel appearing for Sri D.V. Shashank and Smt.Anusha B. Reddy, Advocates for appellant submitted that appellant was plaintiff in suit filed for permanent injunction etc. In said suit, I.A.no.1 was filed by plaintiff for temporary injunction restraining defendant from changing of nature of schedule property and putting up construction or from interfering with plaintiffs' peaceful possession and enjoyment of suit schedule property.

(3.) It was submitted, under impugned order, trial Court rejected application on untenable grounds. It was submitted subject matter of suit was site no.52, Omkar layout formed in Sy.no.17/2A (wrongly described as Sy.no.3/3B in sale deed dtd. 24/11/1994) of Ganakallu village, Kengeri Hobli, Bengaluru, bounded on East by 25 ft. road; West and North by property of P.S. Bhat and South by property of Suresh Hegde. It was submitted, plaintiff purchased suit property under sale deed dtd. 24/11/1994. But, due to inadvertence, suit property was wrongly described as Sy.no.3/3B of Ganakallu village.