BORAMMA Vs. CHITTAIAH

JUDGEMENT

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

(2.) This appeal is filed challenging the order passed by the Trial Court in allowing the I.A. filed under Order 39 Rule 1 and 2 of Code of Civil Procedure, 1908 wherein appellants are restrained by way of temporary injunction restraining the defendants interfering with plaintiffs peaceful possession and enjoyment of the suit schedule property, till the disposal of the suit.

(3.) The factual matrix of the case of plaintiffs is that in O.S.No.192/2020 before the trial court when the suit is filed for the relief of declaration of title and permanent injunction contended that one Gooli Chittaiah, Ajjaiah, Dodda Chittaiah and Kariyappa are brothers and they are sons of one late Gadige Chittaiah. The plaintiff No.1 is son of Gooli Chittaiah, plaintiff No.3 is wife of Dodda Chitaiah and plaintiff No.4 is son of Ajjaiah. The land measuring 8 acres 6 guntas in Sy.No.84/2 of G.Nagenahalli Village originally belonged on one Thammanna, Son of Yeliyappa. The father of plaintiff No.1, father-in-law of plaintiff No.2 viz., Gooli Chittaiah and husband of plaintiff No.3 viz., Dodda Chittaiah and one Kariyappa purchased the said property under the registered sale deed dtd. 15/12/1959 from the said Thammanna. Out of the said property, they sold land measuring 1 acre 20 guntas to one Dodda Chittaiah who is the father of defendant No.2 and defendant No.3 under the registered sale deed dtd. 22/11/1968. The remaining property i was in possession of Gooli Chittaiah, Ajjaiah, Dodda Chittaiah and Kariyappa. Out of it, Kariyappa sold share of his property to Ajjaiah under the registered sale deed dtd. 6/12/1966. Since then, Gooli Chittaiah, Ajjaiah and Dodda Chittaiah were in joint possession and enjoyment of suit properties as absolute owners. The revenue records stands in their names.