PRADEEP KUMAR Vs. B R SHIVASWAMY

JUDGEMENT

(1.) Sri.S.V.Prakash, learned senior counsel for the petitioners.

(2.) The writ petition is admitted for hearing. With consent of the parties, the same is heard finally.

(3.) In this petition under Article 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 13.07.2017 passed by the Trial Court, by which application filed by the petitioner under order XXXIX Rules 1 & 2 of Code of Civil Procedure, 1908 has been rejected. The petitioner has also assailed the validity of the order dated 12.01.2018 passed by the lower appellate Court by which appeal preferred by the petitioner under Order XLIII Rule 1(r) of the Code has been dismissed. In order appreciate the petitioners challenge to the impugned order, few facts need mention, which are stated infra: The respondents/plaintiffs filed a suit seeking the relief of permanent injunction in respect of land measuring 30 acres and 19 guntas of Survey No.86 situated at Village Sidlipura. The plaintiffs claim to the title is based on an order of re-grant dated 16.07.1977 passed by Assistant Commissioner, Shivamoga. However, the defendants without any right, title or interest started interfering with the peaceful possession of the plaintiffs over the suit property. The plaintiffs thereupon filed the suit seeking the relief of permanent injunction. Along with the suit, the plaintiffs filed an application for temporary injunction, which was allowed by the Trial Court by an order dated 13.07.2017 and the petitioners were restrained from interfering with possession of the plaintiffs over the suit land. The aforesaid order was upheld in appeal by the lower appellate court by an order dated 12.01.2018. In the aforesaid factual background, this petition has been filed.