ANTONY SEQUEIRA Vs. GOPALAKRISHNA DEVADIGA

JUDGEMENT

(1.) The petitioner/plaintiff has filed the above writ petition against the concurrent findings of the Courts below allowing the defendant's application for grant of temporary injunction under Order 39, Rule 1 and 2 of Code of Civil Procedure by order dated 27.09.2014 in O.S.No.271/2012 on the file of the Prl. Civil Judge and JMFC, Bantwal, D.K., confirmed by the Prl. Senior Civil Judge and JMFC, Bantwal, D.K. in M.A.No.18/2014by order dated 04.07.2015.

(2.) The plaintiff filed suit in O.S.No.271/2012 for possession of plaint schedule property i.e., 5 cents in Sy.No.137/2 with a house bearing No.7-157, but not mentioned any description of the property, contending that he is the owner of the said 5 cents and for a direction to the defendant to quit and surrender the vacant possession of the property to the plaintiff and also for damages and mesne profit at the rate of Rs. 100.00 per day from 31.11.2009 till delivery of possession.

(3.) The defendant filed written statement along with counter claim, denied the entire plaint averments and contended that the defendant has been in possession and enjoyment of the entire 'A' schedule property morefully described in the counter claim, the plaintiff is trying to interfere with the possession and enjoyment of the defendant by misusing his bogus sale deed, etc.,