S P SHIVAKUMAR @ KUMARA Vs. S G KATHYAYINIYAMMA

JUDGEMENT

(1.) The unsuccessful defendant No.1 filed the present writ petition against the order dated 16.9.2016 passed in M.A. 63/2014 dismissing the appeal filed by the defendant confirming the order dated 10.6.2014 passed on IA filed under Order 39 Rules 1 and 2 of Code of Civil Procedure 1908, filed in O.S.No.110/2013 granting temporary injunction.

(2.) The 1st respondent, who is the plaintiff before the trial Court filed O.S. 110/2013 for permanent injunction against the petitioner and 2nd respondent, who are defendants for permanent injunction in respect of suit schedule property, on the basis of the grant certificate and the Will said to have been executed by the mother of the plaintiff and also on the basis of RTC extract, tax paid receipt, mutation and the order passed by the Assistant Commissioner. The same was resisted by the 1st defendant by filing written statement denying the plaint averments and contended that the plaintiff's mother Parvathamma executed a sale deed in favour of Mallanna on 21.10.1974 and the said Mallanna permitted the 1st defendant to cultivate the land and defendant is in possession of the same and seeks for dismissal of the Suit.

(3.) Plaintiff also filed IA under Order 39 Rules 1 and 2 of CPC for temporary injunction reiterating the averments made in the plaint. The same was opposed by 1st defendant by filing objections. The trial Court considering the application and objections, by the impugned order dated 10.6.2014 granted temporary injunction restraining the defendants from interfering with the peaceful possession and enjoyment of suit schedule property and alienating the suit schedule property in any manner till the disposal of the suit. Aggrieved by the said order passed by the trial Court, the present petitioner filed appeal in M.A. No.63/2014 before the VIII Addl. District and Sessions Court at Mysuru, sitting at Hunsur. The appellate Court after hearing both the parties, by the impugned order dated 16.9.2016 dismissed the appeal confirming the order passed by the trial Court. Hence, the present petition is filed.