BASAPPA MALLAPPA HULLIKERI Vs. BHIMAPPA HONNAPPA VAGGAR

JUDGEMENT

(1.) The present appeal is filed under Order XLIII Rule 1(r) R/w Sec. 151 of the Code of Civil Procedure, 1908[Hereinafter referred to as 'CPC'] by the plaintiffs challenging the order dtd. 19/2/2022 passed in O.S.No.15/2016 by the Senior Civil Judge, Ramdurg[Hereinafter referred to as 'the Trial Court'], whereunder the Trial Court has dismissed I.A.No.1 filed by the plaintiffs under Order XXXIX Rules 1 and 2 R/w Sec. 151 of CPC and allowed I.A.No.2 filed by the defendants under Order XXXIX Rule 4 of CPC and vacated the ex-parte temporary injunction dtd. 15/3/2016.

(2.) The relevant facts in nutshell leading to the present appeal are that the plaintiffs instituted O.S.No.115/2015 for injunction. During the pendency of the said suit, the plaintiffs instituted O.S.No.15/2016 for declaration that the plaintiffs are the absolute and exclusive owners of the suit property and for a consequential relief of permanent injunction. Along with O.S.No.15/2016, the plaintiffs also filed I.A.No.1 for grant of ad-interim injunction to restrain the defendants or their agents from interfering and obstructing with the plaintiffs' peaceful possession and enjoyment of the suit property. The Trial Court by ad-interim order dtd. 15/3/2016 granted ex-parte injunction as sought for in I.A.No.1. The defendants entered appearance in the suit and contested the same by filing written statement. The defendants also filed I.A.No.2 under Order XXXIX Rule 4 of CPC to vacate the ex-parte order of temporary injunction. The Trial Court vide its order dtd. 19/2/2022 dismissed I.A.No.1 and allowed I.A.No.2. Being aggrieved, the present appeal is filed by the plaintiffs.

(3.) I.A.No.1/2022 is filed in the present appeal under Order XXXIX Rule 1 and 2 of CPC for granting ex-parte order of injunction to restrain the respondents from interfering with the appellants'/plaintiffs' peaceful possession and enjoyment of the suit property. This Court vide order dtd. 6/7/2022 upon a detail consideration of the relevant facts, granted an ad-interim order of temporary injunction in favour of the appellants/plaintiffs as sought for in the application.