MOHAMED ILYAS Vs. P. PRAKASH AND ORS.

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff in O.S. No. 25565/2015 challenging the dismissal of the application filed by him under Order XXXIX Rules 1 & 2 CPC.

(2.) THE suit has been filed by the plaintiff -appellant praying for a decree of permanent injunction to restrain the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the schedule property and for a declaration that the judgment and decree dated 31.03.2015 passed in O.S. No. 25770/2009 was not binding on the plaintiff.

(3.) PLAINTIFF has stated in the plaint that he is the absolute owner in possession of the suit schedule property having acquired the same under the sale deed dated 10.02.1994. It is his case that after the purchase, he has leased out the premises in favour of the 3rd defendant - Mr. Khateeb Ahmed as per lease deed dated 10.07.1994 and the said 3rd defendant has been carrying on business in the name and style M/s. Prestige Ceramics. He has urged that the adjoining portion of the premises has been purchased by Mr. Khaleel Ahmed - father of the 3rd defendant. The allegations of the plaintiff are, that 1st defendant in collusion with the 2nd defendant filed a suit against the 3rd defendant, his father by impleading the vendor of the plaintiff on the file of XXVIII Addl. City Civil Judge, Mayo Hall, Bengaluru, in O.S. No. 25770/2009 seeking the relief of declaration, permanent injunction and for possession, without making the plaintiff herein as party to the proceedings though he had purchased the property way back in the year 1994.