TALUKA TOKREKOLI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner filed a suit for declaration and injunction. His application for temporary injunction was rejected. At the same time, the defendants by setting up a counter claim, filed an application for injunction that was also rejected. Aggrieved by the same, defendant No.2 preferred an appeal in M.A.No.07 of 2014 . By the impugned order, the appeal was allowed and injunction was granted against the plaintiff. Hence, this petition by the plaintiff.

(2.) Learned counsel for the petitioner contends that in the earlier suit in O.S. No.55 of 2013 before the Civil Judge (Jr.Dn.), Indi, with respect to the suit schedule property, a status-quo was granted. Because of that, he did not challenge the order of the trial Court.

(3.) The same is disputed by the respondents-defendants contending that the injunction that has been obtained is for a different property, than the suit schedule property. If that were to be so, the defendants cannot have any right, title or interest over the suit schedule property as claimed by the plaintiff, inasmuch as the plaintiff is not interested in the property belonging to the defendants.