LAWS(KAR)-2018-7-4

SRI.SAI JAYATHEERTHA Vs. SRI.SYED WAJID ABID

Decided On July 05, 2018
Sri.Sai Jayatheertha Appellant
V/S
Sri.Syed Wajid Abid Respondents

JUDGEMENT

(1.) Petitioner is before this Court under Article 227 of the Constitution of India challenging the order dated 27-06-2018 passed by XXVI Additional City Civil and Sessions Judge, Bangalore in O.S.No.25395/2018.

(2.) Learned counsel for the petitioner submits that the suit in O.S.No.25395/2018 is filed praying the Court for grant of temporary injunction restraining the defendants, their agents from dispossessing the plaintiff illegally, unlawfully without due process of law and to maintain status-quo in respect of the suit schedule property. The application under Order 39 Rules 1 and 2 of CPC was also filed by the plaintiff along with the suit. On consideration of the same, the trial Court had passed a detailed order on 27-04-2018 granting exparte temporary injunction as prayed in I.A.No.2. The said interim order was extended by an order dated 21-06-2018 and posted the matter to 27-06-2018 for consideration of I.As.

(3.) On 27-06-2018, the matter was passed over to consider extension of interim order to 3.00 p.m. At 3.00 p.m., learned counsel appearing for defendants 2 and 3 stated that already possession of the suit schedule property has been taken over by defendant No.3. Taking into consideration the said submission, the interim order was not extended. The said order is impugned in the present writ petition.