T. KRISHNAMURTHY Vs. PREMA KUMARI D.

JUDGEMENT

(1.) THIS appeal is filed against the order dated 22 -1 -2015 passed by the XXXVII Additional City Civil and Sessions Judge, Bengaluru City, allowing I.A. No. 1 filed under Order 39, Rules 1 and 2 of Civil Procedure Code, 1908 thereby granting an order of temporary injunction in favour of respondent herein restraining the appellant from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property. Suit schedule property is a site bearing No. 82 formed in Survey No. 107/1A1 situated at Malathahalli Village, Yelahanka Hobli, Bengaluru North Taluk, measuring East to West 40 feet and North to South 30 feet with construction thereon.

(2.) CASE of the plaintiff is that she purchased the suit schedule site bearing No. 82 under a registered sale deed dated 8 -9 -2006. Her name came to be mutated in the records. After the area was included in the CMC Pattanagere, she had paid betterment charges. Subsequently, area where the property is located came to be included within the limits of BBMP where upon she got the khatha changed to her name and paid taxes. She further contended that electricity connection was secured to the premises of the property and thus, she was in possession and enjoyment of the same.

(3.) IT is urged that vendor of plaintiff -Sri Gangappa was the owner of land in whose favour the land was ordered to be restored; he had executed a registered General Power of Attorney on 26 -10 -1991 in favour of one Sri M.S. Kishore Babu and the said M.S. Kishore Babu had formed layout of sites in the land in question and thereafter, several sites had been sold in favour of purchasers including the plaintiff's vendor. It is urged that the Sri Kishore Babu had formed 249 sites in the land in question and sold them to different persons from 1991 onwards. It is also contended by the plaintiff that O.S. No. 967 of 2003 had been filed by the vendors of the appellant herein (Mallaiah, Gurushanthamma and others) seeking relief of declaration and for injunction in respect of the very same property comprised in Survey No. 107/1A1. The said suit was filed against some of the site owners purchased through the General Power of Attorney holder of Sri Gangappa. An application had been filed in the said suit seeking grant of temporary injunction restraining the site owners from putting up any construction over the said property. The said application was rejected on 9 -6 -2003. An appeal was preferred against the said order in MFA No. 4177 of 2003. In the meanwhile, as the land in question was acquired for the benefit of Bangalore Development Authority, the appeal was disposed of on 9 -7 -2003. Subsequently, acquisition proceedings was not proceeded with for the sites in question as is evident from the notification dated 8 -4 -2003, as per the request made by the site owners.