SAMHITHA S.N. Vs. H.S.VENKATESH

JUDGEMENT

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

(2.) These two appeals are filed against the order passed by the Trial Court vide order dtd. 13/9/2024 rejecting I.A.Nos.1 and 2, wherein sought for an order of temporary injunction restraining the defendant from interfering with peaceful possession and enjoyment of the plaintiffs over the suit schedule property and an order of temporary injunction restraining the defendant from putting up barbed fencing in and around the suit schedule property, pending disposal of the suit.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court while seeking the relief of declaration and permanent injunction is that the suit schedule property bearing Sy.No.93/4, old Sy.No.93 measuring 2 acre 3 guntas including 3 guntas kharab land situated at Shivanahalli Village, Jigani Hobli, Anekal Taluk, Bangalore Urban District. The defendant without having any manner of right, title and interest over the suit schedule property is trying to interfere with the lawful possession and enjoyment of the plaintiffs with respect to the suit schedule property and also trying to put up fencing in and around the suit schedule property. Hence, the defendant may be restrained from interfering with lawful possession and enjoyment of the plaintiffs with respect to the suit schedule property and also from putting barbed fencing in and around the suit schedule property.