KENCHAWWA AND ORS. Vs. SHIVASHANKARAPPA AND ORS.

JUDGEMENT

(1.) The present petitioners, who are defendant Nos. 1 and 18 to 21 filed the above writ petition against the order dated 29.4.2015 allowing the application filed by the plaintiff on I.A. No. 10 under Sec. 151 of CPC seeking police protection to implement the order of temporary injunction.

(2.) Respondent Nos. 1 and 2 who are the plaintiffs before the Trial Court filed the suit in O.S. No. 121/2002 for a declaration to declare that the right of cart road/track has been enjoyed from their ancestors and the same is being obstructed by the defendants unnecessarily. The defendants filed the written statement and resisted all the plaint averments and contended there is no such cart road/track existing in the suit schedule property as claimed by the plaintiffs and therefore sought for dismissal of the suit.

(3.) The plaintiffs also filed an application for temporary injunction. After considering the application and the objections, the Trial Court by its order dated 11.6.2014 granted temporary injunction in favour of the plaintiffs and restrained defendant Nos. 1, 18 to 21 or their agents, and anybody claiming through them from interfering with the peaceful possession and enjoyment of the suit property in R.S. Nos. 39 and 41 shown as ABCDEFGH in the hand sketch map till the disposal of the suit. Aggrieved by the order passed by the Trial Court defendant Nos. 1, 18 to 21 filed Misc. Appeal No. 9/2014 before the Appellate Court, Ranebennur, who after hearing both the parties by order dated 11.8.2014 dismissed the appeal and confirmed the temporary injunction granted by the Trial Court. The said order passed by the Court below granting injunction in favour of the plaintiffs is final and conclusive.