K.DHARMENDRA Vs. GOPINATH MUPPIRI

JUDGEMENT

(1.) This miscellaneous first appeal is filed challenging the order dtd. 30/11/2024 passed on I.A.Nos.1/2024 and 2/2024 in O.S.No.2536/2024 by the LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru wherein the Trial Court rejected I.A.No.1/2024 filed under Order 39 Rules 1 and 2 of CPC and allowed I.A.No.2/2024 filed under Order 39 Rule 4 of CPC.

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the plaintiff is the absolute owner in peaceful possession and enjoyment of the suit schedule property having acquired the same under the Gift Deed dtd. 7/12/2023 and pursuant to the Gift Deed, katha was transferred in his name and gift deed was acted upon and all relevant documents are standing in the name of the plaintiff as on the date of filing of the suit. It is contended that defendant being the greedy person, for a wrongful gain, has started to interfere with his peaceful possession and enjoyment and along with his henchmen, came near the suit schedule property and attempted to dispossess the plaintiff, for which, the plaintiff has filed the suit for the relief of permanent injunction and also filed an application for temporary injunction as sought in I.A.No.1/2024.