M. CHANDREGOWDA Vs. DEVAMMA

JUDGEMENT

(1.) The plaintiff filed the present Miscellaneous First Appeals against the order dated 6.3.2017 in O.S. No.8696/2016 on the file of the 43rd Additional City Civil and Sessions Judge, Bengaluru only insofar as rejecting I.A. Nos.2 and 3 filed by the plaintiff under Order 39 Rules 1 and 2 of Code of Civil Procedure, 1908 for grant of Temporary Injunction restraining the defendant nos.9 to 13 from putting up construction in the suit schedule property and for alienating the suit schedule property in favour of third parties.

(2.) By an order dated 6.3.2017, the trial Court also allowed I.A. No.4 filed by defendant Nos.9 to 13 under Order 39 Rule 4 of Code of Civil Procedure, 1908 and vacated order of status quo dated 23.12.2016. Against the order passed on I.A. No.4, MFA No.2343/2017 is filed and the same is pending for consideration before this Court.

(3.) The present appellant - plaintiff filed O.S. No.8696/2016 for declaration of title and Permanent Injunction in respect of the plaint schedule property i.e., residential site nos.57, 58 and 59 (new nos.210, 211 and 212) carved out of Sy.No.80 measuring East to West on the northern side 73 feet and on southern side 90 feet and North to South 37 - 1/2 feet situated at Banasawadi, Vijanapur, K.R. Pura Hobli, Bengaluru morefully described in the schedule contending that the plaintiff's father viz., S.G. Munegowda, father of defendant Nos.1 to 7 viz., Hanumanthegowda and one Narayanagowda have jointly invested and purchased the land bearing Sy.No.80 measuring 2 acres through a registered sale deed dated 29.6.1964 in the name of Hanumanthegowda and subsequently the said land converted into residential purpose on 10.3.1965 and formed sites.