SMT. SHUCHETHA RAJ Vs. U.M JAGADISH

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the respondent. Perused the records and the order impugned under appeal.

(2.) The defendant in OS No.4706/2018, being aggrieved by the order dated 26.7.2018 passed by the learned 54th Addl. City Civil and Sessions Judge, Bengaluru (CCH-45) on IA No.1 filed under Order 39 Rules 1 and 2 of CPC has preferred this appeal.

(3.) The plaintiff has filed a suit making allegations that he is the absolute owner in possession and enjoyment of the site No.1886 carved out of Survey No.3/2 of Gidada Konenahalli village measuring 40' X 30' having specific boundary which is in consonance with the approved plan. After purchase he has applied for necessary permission and licence and after obtaining the approved plan and licence, he started constructing the building in the said site. It is further contended that, the defendant, who has no manner of right, title and interest over the said site, started interfering with the construction of the building by the plaintiff. Therefore, the plaintiff filed a suit and interalia filed an application for injunction seeking an order restraining the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the property.