CHANDRAPRAKASH AND ORS. Vs. PUTTARAJU AND ORS.

JUDGEMENT

(1.) PLAINTIFFS of an original suit in O.S. 2766/12 which is pending on the file of VII Additional City Civil Judge, Bengaluru City, have filed this appeal since they are aggrieved by the rejection of their application filed by them under Order XXXIX Rules 1 and 2, C.P.C.

(2.) PLAINTIFFS have filed a suit for the relief of partition and separate possession claiming in all 3/5th share in respect of the suit schedule property measuring 45' east -west and 80' north -south bearing No. 88 situated on Cubbonpet, Bengaluru City. During the pendency of the suit, they had requested the court to grant an order of temporary injunction against interference insofar as the 10th defendant is concerned. The said application was contested by filing detailed objections by the 10th defendant. Parties will be referred to as plaintiffs and defendants as per their ranking before the trial court.

(3.) THE facts leading to the filing of the said suit for partition and separate possession and the consequential application filed under Order XXXIX Rules 1 and 2, C.P.C. are as follows: