S GANGADHAR Vs. R PRAKASH

JUDGEMENT

(1.) THE unsuccessful defendants have filed this appeal challenging the judgment and decree in O. S. No. 1068 of 1997 dated 23/8/2007 passed by the 11th Additional City Civil Judge, Bangalore City. The respondent was the plaintiff in the suit.

(2.) THE plaintiff had filed the aforesaid suit for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit schedule property. Along with the plaint, he had filed an application under Order 39 Rules 1 and 2 of Code of Civil procedure for grant of temporary injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit schedule property pending disposal of the suit.

(3.) IT is the case of the plaintiff that the Court below had passed the order on 6. 2. 1997 directing the parties to maintain status quo regarding possession of the suit schedule property. After service of the notice, the defendants have filed their written statement and LA. 2 under Order 39, rule 2a of the Code of Civil Procedure requesting the Court below to take appropriate action against the plaintiff for violating the interim order dated 6. 2. 1997. The Court below has passed a common order decreeing the suit and dismissing LA. No. 2 filed by the defendants.