LAKSHMAN Vs. JAYASHREE AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition is filed by the defendant No. 2 against the order dated 22.09.2017 rejecting the application on I.A. No IV filed under Order VII Rule 11 Read with Section 151 of CPC made in O.S. 3876/2016 on the file of the LIX Additional City Civil & Sessions Judge, Bengaluru.

(2.) The respondent No. 1 who is the plaintiff before the Trial Court filed suit in O.S. No. 3876/2016 for permanent injunction, contending that she is the absolute owner in possession and enjoyment of the suit schedule property and sought the relief as prayed for.

(3.) The defendant No. 2 filed written statement, specifically contended that the suit is filed by the plaintiff is not maintainable, without seeking declaration of title, permanent injunction cannot be granted against the absolute owner of the property. Therefore, sought for dismissal of the suit.