NOORJAHAN UMMAR Vs. TMC PUTTUR

JUDGEMENT

(1.) This petition is directed against order dated 25.07.2014 allowing the appeal filed under Order-XLIII Rule 1 of C.P.C., and setting aside the order of temporary injunction dated 26.04.2014 on IA No.2 in O.S.No.91/2014 granted by the trial Court.

(2.) Heard Sri Aruna Shama, learned counsel for the petitioner and Sri Keshava Bhat, learned counsel for the 1st respondent.

(3.) Petitioner claims to be the owner of a converted land measuring 70 cents in Survey Nos.40/1G1 and Survey No.40/1G3 situated in Puttur Kasaba Village, Dakshina Kannada. First respondent is Town Municipal Council, Puttur. The Municipal Council took up a project to construct a drain along Mysuru- Mangaluru Road, passing through the said village. The petitioner filed the instant suit for permanent prohibitory injunction restraining the defendants from forcibly encroaching from plaint schedule 'A' property.