RATNA NAGARAJ AND ORS. Vs. K. PRASHANTH

JUDGEMENT

(1.) These writ petitions are filed by petitioners -defendant Nos. 1 and 2 praying this Court to quash the order passed in M.A. No. 47/2015 dated 14.12.2015 by the Principal Senior Civil Judge, Bangalore, vide Annexure - A and also the order dated 3.10.2015 passed by Hon'ble I Additional Civil Judge, Bangalore Rural District, Bangalore on I.A. filed under Order XXXIX Rules 1 and 2 r/w. Sec. 151 of the Code of Civil Procedure vide Annexure -B.

(2.) The respondent -plaintiff filed the suit for permanent injunction in respect of the suit schedule property seeking permanent injunction against the defendant Nos. 1 and 2 who are petitioners herein in these writ petitions for temporary injunction till the disposal of the suit. The said application was filed by defendant Nos. 1 and 2 for considering the case on the merits of the case. Ultimately the Trial Court allowed the application and granted the injunction order as against the present petitioners herein. The said order was challenged by the petitioners herein before the First Appellate Court in M.A. No. 47/2015 dated 14.12.2015. After considering the said appeal on merits the First Appellate Court also dismissed the Miscellaneous Appeal confirming the order passed by the Trial Court. Being aggrieved by the same the writ petitioners are before this Court.

(3.) Heard the arguments of the learned Senior Counsel appearing on behalf of the counsel on record for defendants and also the arguments of the learned counsel appearing for the respondent -plaintiff.