B.N. SREENATH BHAT Vs. JAYALAKSHMI AND ORS.

JUDGEMENT

(1.) HEARD the learned counsel for the parties. The matter is taken up for final hearing with the consent of both the counsel.

(2.) THE present petition has arisen out of an order passed as on interlocutory application i.e., I.A. 3 filed in O.S. 109/12 under Order XXIII Rule 1 read with Section 151, C.P.C. by the plaintiff (respondent herein) before the Civil Judge (Junior Divn.), Challakere, Chitradurga District. Respondents 1 to 3 had filed a suit for the relief of declaration to the effect that the alleged sale deed dated 4.9.2006 executed by defendants 1 to 3 in favour of the 4th defendant in respect of the suit schedule premises does not bind them and for the consequential relief of permanent injunction to restrain the defendants from interfering with their peaceful possession and enjoyment of the suit property.

(3.) AFTER hearing both sides, the learned trial judge has ultimately allowed the application vide order dated 20.12.2013. It is this order which is assailed before this court by invoking Articles 226 and 227 of the Constitution of India.