NASREEN AFZAL Vs. ELYAS AHMED

JUDGEMENT

(1.) Heard learned counsel appearing for appellant and also the counsel appearing for respondent.

(2.) This appeal is filed being aggrieved by the order passed on I.A.No.1 in O.S.No.592/2022, wherein prayer was made to restrain defendant or his henchmen from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property. The Trial Court partly allowed the application and directed the defendant not to put up any construction.

(3.) The factual matrix of the case of the plaintiff is that while seeking relief of temporary injunction, it is contended that he is the absolute owner and is in possession of the suit schedule property bearing House List No.14, V.P. Khata No.297/A/14, Byatarayanapura CMC Khatha No.1250, situated at Hennur Village, Kasaba Hobli, Bangalore North Taluk, Bangalore measuring East-West on Northern side 60 feet, on southern side 57 feet and North-south 40 feet, totally 2340 sq.ft, which she has purchased from its erstwhile owner, under register sale deed dtd. 7/9/2006. It is also contended that she is in peaceful possession and enjoyment of the suit schedule property. The defendant who is utter stranger started interfering with the suit schedule property. She resisted the defendant's illegal act and the defendant did not care to stop his interference and she informed the same to jurisdictional police and the police did not care to take any action against them. Hence, she filed a suit seeking permanent injunction and sought for interlia temporary injunction to restrain the defendants from interfering with the peaceful possession and enjoyment of the property.