AGNEL PAVALU ALAWARIS Vs. MANOHAR

JUDGEMENT

(1.) THIS is plaintiffs writ petition seeking for quashing of order passed in Misc. Appeal No. 15/2013 by II Addl. Sr. Civil Judge, Belgaum dated 08.03.2013 whereunder order of temporary injunction granted by the trial Court in O.S. No. 2230/2012 on 01.02.2013 came to be set aside and I.A.I filed by petitioners -plaintiffs under Order 39 Rules 1 and 2 r/w Section 151 CPC came to be dismissed by allowing the appeal.

(2.) THOUGH petitioners have termed this writ petition as one having been filed under Articles 226 and 227 of the Constitution of India, this Court is of the considered view that scrutiny, examination and adjudication of the impugned order would within the parameters of Article 227 of the Constitution of India namely, in exercise of the supervisory jurisdiction and in this background, impugned order is being examined.

(3.) PLAINTIFFS have filed a suit for perpetual injunction in respect of suit schedule property measuring 2 acres 8 guntas in R.S. No. 202/2A situated at Hindalga, Belgaum morefully described in the plaint schedule (hereinafter referred to as 'suit schedule property' for brevity) contending inter alia that they are the owners of said property and defendants had denied their title to the said property and as such, they were constrained to file a suit in O.S. No. 1179/1991 for declaration and perpetual injunction which suit came to be dismissed on 05.07.1994 and appeal R.A. No. 120/1994 filed against said judgment and decree also came to be dismissed on 02.08.1997 and said judgment and decree passed by the trial Court as well as lower appellate Court came to be modified by this Court in RSA No. 1001/1997 by judgment and decree dated 24.07.2006 and as such, plaintiffs contend that they are the absolute owners in lawful possession and enjoyment of suit property without any interference from anyone. It was further contended that defendants have no manner of right, title or interest over the suit property and defendants had purchased 3 acres 28 guntas in R.S. No. 202/2B of Hindalga village from its owners and sold 3 acres 7 guntas in favour of Syndicate Bank Coop. Housing Society Ltd., Belgaum and had retained 21 guntas of land in the said Sy. No. and only to that extent, they are in possession and enjoyment and taking undue advantage of plaintiffs innocence, defendants attempted to encroach over suit schedule property and as such, they sought for relief of perpetual injunction. On similar lines I.A. No. 1 under Order 39 Rules 1 and 2 CPC also came to be filed for the relief of temporary injunction.