S GOPALAKRISHNA SHARMA Vs. JYOTHI NAGARAM CHICKAVENKATASHAMAIAH

JUDGEMENT

(1.) This revision petition under Section 115 of the Civil Procedure Code is by the petitioner against the order made by the Additional District Judge, Kolar, in Misc.A. No. 30 of 1988, disposed of on 1-4-1992 setting aside the order of temporary injunction passed on LA. No. I in O.S. No. 37 of 1987 on the file of the Court of the Civil Judge, Chinthamani.

(2.) The petitioner Gopalakrishna Sharma is the plaintiff and Jyothi Nagaram Chickavenkatashamaiah and S.V. Subbanna, respondents 1 and 2 herein, are defendants-1 and 2 respectively in the suit in O.S. No. 37 of 1987. For the purpose of convenience, the parties herein are referred here in after wards by their ranks in the original suit.

(3.) The plaintiff filed a suit in O.S. No. 175 of 1985 on the file of the Civil Judge, Kolar, against the defendants for permanent injunction restraining them from interfering with his peaceful possession and enjoyment of the suit premises till he is evicted under the due process of law. On the establishment of the court at Chinthamani, the suit was transferred there and where it was renumbered as O.S. No. 37 of 1987. In the said suit, the plaintiff filed LA. No. I under Order 39, Rules 1 and 2, CPC, for issue of ad-interim order of temporary injunction against the defendants, pending disposal of the suit. This application was opposed by defendant-1. Indeed, a detailed written statement was also presented by him opposing the suit. The learned Civil Judge, after hearing the learned counsel on both sides, by his order dated 2-3-1988, allowed the application (LA. No. I) and granted temporary injunction as prayed for, for the reasons stated in the order.