JAYAPRAKASH MADHIRAJU Vs. MUNIRATHNAMMA

JUDGEMENT

(1.) This appeal is filed by the plaintiff in O.S.No.5967/2017 on the file of the VII Addl. City Civil and Sessions Judge at Bengaluru impugning the Trial Court's Order dated 14.02.2018 directing both the appellant/plaintiff and defendant/respondent to maintain status quo in respect of vacant residential sites bearing Nos.411 and 416 in the layout formed by Vyalikaval House Building Co-operative Society in different Survey Numbers of Nagavara village, Kasaba Hobli, Benglauru North Taluk (for short, 'the suit schedule properties') until further orders while disposing of the interim application (IA No.1) filed by the appellant/plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure,1908 (for short 'the CPC').

(2.) A brief narration of the respective cases will be as stated hereinafter:

(3.) The appellant has instituted the suit in O.S.No.5967/2017 for declaration of title to the suit schedule properties, for permanent injunction against the respondent from interfering with the appellant's asserted possession and enjoyment of the suit schedule properties and for other consequential reliefs asserting that the appellant's vendors, and their predecessors-intitle, trace title to the suit schedule properties under the separate sale deeds executed by the Vyalikaval House Building Co- operative Society (for short, 'Society') in the year 2004. The appellant also asserts that the Society put the appellant's original predecessor-in-title in possession of the respective sites mentioned in the suit schedule and that the appellant has purchased the suit schedule properties from his immediate predecessorsin- title under two separate sale deeds executed in his favour respectively on 14.04.2007 and 27.08.2007, and the appellant, being put in possession of the suit schedule properties in terms of the sale deeds executed in his favour, has continued in possession of the suit schedule properties.