N. ASHOK Vs. M. NARASIMHAIAH

JUDGEMENT

(1.) This appeal is filed by the plaintiff questioning the order passed on the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908[Hereinafter referred to as the 'CPC'], in O.S.No.3248/2012 dtd. 7/12/2024, on the file of IX Additional City Civil and Sessions Judge, Bangalore, thereby, the application seeking grant of temporary injunction restraining the defendants from putting up any construction or from changing the nature of the suit schedule item No.26 was dismissed.

(2.) The plaintiff has filed the suit seeking partition and separate possession of 1/5th share in the suit schedule 'A' properties and 1/3rd share out of the said 1/5th share in suit schedule 'B' properties along with other consequential reliefs.

(3.) The application for temporary injunction pertains only to suit schedule item No.26, namely, property bearing No.20/B situated at Aramane Nagar, Guttahalli Bangalore (Cauvery Theatre), measuring to an extent of 45622 sq.ft [Hereinafter referred to as the 'appeal schedule property']. In support of the application, in the affidavit it is deposed that in the Memorandum of Agreement dtd. 19/7/2023, the plaintiff's name was shown, but signature was left blank, hence the plaintiff has not consented for agreement.