LAWS(KAR)-2015-2-199

GODAWWA AND ORS. Vs. PURANDHAR

Decided On February 25, 2015
Godawwa And Ors. Appellant
V/S
Purandhar Respondents

JUDGEMENT

(1.) DEFENDANTS 1 to 3 in O.S. No. 25/2014 being aggrieved by order passed by the trial Court granting an order of temporary injunction in favour of the plaintiff by allowing IA -II vide order dated 30.04.2014 which order has been confirmed by the lower appellate court on 31.01.2015 in M.A. No. 7/2014 Annexure -E has been called in question.

(2.) PARTIES are referred as per the rank in the trial court.

(3.) BEING aggrieved by this order, defendants filed an appeal in M.A. No. 7/2014 and lower appellate court after considering the arguments advanced by respective learned advocates and on appreciation of facts and on re -appreciation of material documents relied upon by both the parties found that there is no infirmity in the order passed by trial Court and held that plaintiff is in possession of the suit properties as on date of suit by virtue of absolute sale deed in his favour and RTC extracts produced by him would also evidence that plaintiff is in exclusive possession and enjoyment of the suit schedule property and as such, it rejected the claim of the appellants namely the defendants and thereby affirmed the order passed by the trial Court. It is these two orders which are impugned in the present writ petitions.