SRIKANTAPPA S/O LATE SIDDAPPA Vs. CHIKKANANJUNDAPPA

JUDGEMENT

(1.) The appeal is filed by the appellant-plaintiff in O.S.No.26221/2011 on the file of the IV Additional City Civil & Sessions Judge at Mayo Hall Unit, Bangalore (for short 'learned Civil Court'). The appellant-plaintiff's application under Order XXXIX Rule 1 and 2 of CPC for temporary injunction restraining the respondent Nos.5 to 7 - defendant No.5 to 7 from putting up any construction in the suit property measuring 1 acre of land in Sy.No.256 (New Sy.No.256/5) situate at Kalkere Village, K.R.Puram Hobli, Bangalore East Taluk is rejected by the learned Civil Court by the impugned Order dated 03.04.2012. However, the application under Order XXXIX Rule 1 and 2 of CPC for vacating the ad interim application filed by the respondent Nos.6 and 7 - defendant Nos.6 and 7 is allowed by the learned Civil Court by the impugned order.

(2.) The appellant-plaintiff commenced suit for injunction contending that he acquired title over the suit property in a family partition effected under the Partition Deed executed in the year 1988 and that the contesting respondent Nos.5 to 7-defendants No.5 to 7 do not have any right of possession over the subject property. Nevertheless, these contesting respondents-defendants removed the fence put up to the subject property and dumped construction materials.

(3.) The respondents Nos.5 to 7 (defendants Nos.5 to 7), who were notified of this suit, entered appearance and resisted the suit. They filed statement of objections contesting the application for temporary injunction apart from filing application for vacating ad-interim temporary injunction. They contended that the plaintiff's brother was the owner of the land measuring 25 guntas in Sy.No.256 of Kalkere Village, K.R.Puram Hobli, Bangalore East Taluk. He transferred the said extent of land in favour of two persons i.e., Patalappa and Madappa under Sale Deed dated 22.10.1993. These persons, in turn, transferred the said extent of land in favour of a certain Sarasamma Jacob under the sale deed dated 15.12.1994. Her husband and children, who succeeded to the property after her demise, transferred the said extent of 25 guntas of land in Sy.No.256 in favour of one H.C.Gajendra under the sale deed dated 26.03.2004, who in turn sold the said land in two equal parts to respondent Nos.6 and 7 (defendant Nos.6 and 7) under two separate sale deeds in the year 2006 and 2005 respectively. These respondents have been in possession of 25 guntas of land in Sy.No.256 of Kalkere Village, K.R.Puram Hobli, Bangalore East Taluk.