S C GANGADHARAIAH Vs. REMCO

JUDGEMENT

(1.) The first defendant in O.S.6794/2017 on the file of the II Addl. City Civil and Sessions Judge, Bengaluru, has preferred this appeal challenging the order dated 20.11.2017 passed on I.A.No.I filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure ('CPC' for short) in the said suit.

(2.) The events that led to preferring this appeal are briefly stated as below by referring to the parties with respect to their positions in the court below.

(3.) The grandchildren of Patel Nanjundappa who did not have any kind of right, title or interest filed a suit OS.No.7191/2002 against the plaintiff Society. They sought for an order of temporary injunction. Since the court declined to pass of an order temporary injunction in their favour, they withdrew that suit by filing a memo. But, the grandchildren of erstwhile landlords obtained Khata from City Municipality Council, Rajarajeshwari Nagar by suppressing the facts, and on the strength of the Khata they sold the sites of Defendants 2 and The plaintiff stated that since the erstwhile landlords had lost their interest in the entire land, and that they were also not in possession, the sale deeds that were executed in favour of defendants 2 and 3 were void, but they executed a sale deed in favour of the 1st defendant on 202017 conveying the suit property to him. Based on this sale deed, the 1st defendant made an attempt to dig the earth for laying foundation in the suit property for knocking of the valuable property of the plaintiff society. Since the plaintiff was not able to resist the illegal act of the 1st defendant, it filed a suit. Along with the plaint, the society also made an application seeking an order of temporary injunction reiterating almost all the averments made in the plaint.