MANJIRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The plaintiffs-petitioners have challenged the order dated 03.02.2016, passed by the I Addl. Civil Judge (Jr.Dn) Kalaburagi, whereby the learned Judge refused to extend the stay order granted by him beyond the period of 19.12.2015.

(2.) Briefly the facts of the case are that, the petitioners had filed a civil suit for declaration, perpetual and mandatory injunction in respect of suit schedule property, which is a thirty feet wide road and runs in South-North direction, and reaches the existing ring road. Since the suit was filed during the vacation period, it was initially registered as V.C.No.7/2014, and subsequently renumbered as O.S.No.256/2014 in the Court of I Addl. Civil Judge (Jr.Dn) Kalaburagi.

(3.) The petitioners pleaded that, they are the owners and possessors of plot Nos.37, 39 and 40 situated in the approved layout plan located in Sy.No.80/1 of Brahmpur, Kalaburgai. On the basis of a registered sale deed, the respondent No.3, Smt. Geetanjali, claims that, she had purchased plot No.5 from its previous owner. Subsequently, she started digging a borewell and started raising certain illegal construction on the suit property i.e. the road. Along with the plaint, the petitioner had filed an application of temporary injunction under Order XXXIX, Rule 1 and 2 CPC, the vacation Judge passed an ex-parte order on 12.05.2014.