VIJAY SHANKARAPPA GOWDA Vs. GOUTHAM CHAND GENMAL JAIN

JUDGEMENT

(1.) This Misc.First Appeal under Order 43 Rule 1 (r) of CPC, 1908 is directed against the order dtd. 30/8/2023 passed by the learned 11th City Civil and Sessions Judge, Bengaluru, (CCH No.8) in Os no.4802/2023, whereby the learned trial Court dismissed the appellant as plaintiff's application filed under Order 39 Rule 1 and 2 of CPC seeking temporary injunction.

(2.) The facts in brief are that; the appellant herein who was the plaintiff before the trial Court instituted OS No.4802/2023 seeking decree of permanent injunction against defendants in respect of the suit schedule property. The suit schedule property comprises of a commercial building bearing PID No.2-151-41, Site No.6, BBMP new no. 41, measuring 5524.75 sq. ft. located at MES Road, Bahubali Nagar, Jalahalli, Bengaluru.

(3.) According to the appellant, the first respondent executed a mortgage cum lease deed dtd. 6/1/2018 in his favour for a period of eight years on receiving a sum of Rs.25.00 lakhs, and pursuant to the said agreement, the appellant was put in possession of the suit properties where he established a lodge and restaurant under the name 'B.M.Residency'. The appellant claims to have made considerable investment in establishing the business and to have obtained necessary licences from the food safety and standards authority of India, GST Registration and also paying electricity charges for the aid premises. It was further contended, that on 21/7/2023 and 24/7/2023 the respondents attempted to forcibly dispossess him by disconnecting the electricity and threatening eviction prompting the appellant to seek protection from jurisdictional police who advised him to seek civil remedies.