GANGAMMA Vs. D. DAYANANDHA

JUDGEMENT

(1.) The defendants have filed the present writ petition against the order dtd. 20/11/2017, rejecting the memo filed by the defendant/caveat petitioner in Caveat Petition No.237/2017 as not maintainable.

(2.) The plaintiff had filed O.S.No.413/2017 for permanent injunction in respect of the converted land having khata No.212 in survey No.18/3 measuring 1 acre 6 guntas including 1 gunta karab land situated at Arishinakunte village, Nelamangala Taluk, Bengaluru District, along with a borewell, pumpset and pump house, which was more fully described in the schedule to the plaint. The plaintiff contended that he was the owner of the suit schedule property and he was in possession and enjoyment of the same.

(3.) The Trial Court considering the pleadings in the plaint and the application, by the order dtd. 8/11/2017, allowed I.A. No.1 filed under Order 39 Rule 1 and 2 of the Code of Civil Procedure (for short "CPC") and restrained the defendants all persons claiming through them, by way of temporary injunction, from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property, till the next date of hearing and also directed the plaintiff to comply with the provisions of Order 39 Rule 3 of the CPC.