H.A. MUKTHIYAR Vs. GOPAL RAO AND ORS.

JUDGEMENT

(1.) This petition is filed by the petitioner -plaintiff requesting the Court to set -aside the order dated 26.09.2015 passed on I.A. No. 1 filed under Order XXXIX Rule 1 and 2 of CPC in O.S. No. 712/2015 on the file of III Addl. Civil Judge and JMFC, Tumakuru, produced as per Annexure -A, and also the order dated 29.10.2015 passed in M.A. No. 55/2015 on the file of II Addl. Senior Civil Judge & JMFC, Tumakuru, which is produced at Annexure -B.

(2.) Petitioner -plaintiff has filed the suit against the respondents herein for the relief of permanent injunction restraining the defendants, their agents, servants or anybody acting under them from interfering with the smooth running of the jelly crusher by the plaintiff over the suit schedule property. The plaint schedule property is bearing Sy. No. 30/3 measuring 2 acres consisting of Jelly/Stone crusher situated at Gerahally Village, Kora Hobli, Tumkur Taluk, the boundaries are also mentioned in the schedule. Along with the plaint, plaintiff has also filed application I.A. No. 1 under Order XXXIX Rule 1 and 2 of CPC requesting the Court to grant ad -interim temporary injunction order restraining the respondents and their agents, servants or anybody acting under them from interfering with the smooth running the jelly crusher by the plaintiff over the suit schedule property. Said application was objected by the respondents by filing the objection statement. The Trial Court after considering the merits of the case, ultimately, rejected the said application filed seeking temporary injunction. Being aggrieved by the said order of rejection of the application I.A. No. 1 by the Trial Court, petitioner -plaintiff has preferred an appeal before the appeal Court in M.A. No. 55/2015.

(3.) Heard the arguments of the learned senior counsel appearing for the petitioner -plaintiff, the arguments of the learned senior counsel appearing for respondent No. 1 and also the learned counsel appearing for respondent Nos. 2 to 8.