A P NAGARAJ Vs. V R KRISHNA

JUDGEMENT

(1.) This is a revision application under Section 115 of the Code of Civil Procedure. The plaintiff-applicant filed suit for permanent injunction restraining the defendant from interfering with the plaintiff 's peaceful possession and enjoyment of the suit property in O.S. No. 117/93. The plaintiff claimed that under an agreement to sell dated 28-5-1985, the respondent agreed to sell the property in dispute for a sale consideration of Rs.52,000/-. According to the plaintiffs case the plaintiff paid the entire sale consideration on different dates as and when defendant demanded and he put the plaintiff into possession of the land in dispute. The plaintiff filed the suit with the allegation that defendant threatened to interfere and tried to take possession of the same from the plaintiff, so the plaintiff filed the suit for decree for permanent injunction. Plaintiff claim himself entitled to the possession of the land in dispute under that agreement. Along with the plaint of the suit, the plaintiff-applicant filed an application under Order 39, Rules 1 and 2 of the C.P.C., for grant of temporary injunction restraining the defendant from interfering with plaintiff 's possession during the pendency of the suit. Ex parte injunction was granted by the trial Court and thereafter notice was also issued to the defendant along with the summons of the suit and opposite party was called upon to file the objections to the application for temporary injunction under Order 39, Rules 1 and 2 of the C.P.C.

(2.) The trial Court after consideration of the application and the objections and the material before it, by its order dated 30-9-1993 made the interim order of injunction absolute and dismissed the application I.A. No.4 which had been moved by defendant- respondent for vacation of the injunction order.

(3.) Having felt aggrieved from the judgment and order of the learned Munsiff, dated 30-09-93, the defendant preferred Miscellaneous Appeal No.22-93 in the Court of Civil Judge, Madikeri. By judgment and order dated 4th August, 1995, the learned Civil Judge allowed the defendant-respondent 's appeal and set aside the judgment and order if the Munsif dated 30-09-93 and vacated the temporary injunction order which had been ranted by the learned Munsiff.