KARIYAMMA AND OTHERS Vs. NAGAPPA AND ANOTHER

JUDGEMENT

(1.) Petitioners have filed the suit in O.S. No. 110/2016 before the Pri. Civil Judge and J.M.F.C at Madhugiri for partition and separate possession of suit schedule properties. I.A. No. IV came to be filed under Order 39, Rules 1 and 2 of Civil Procedure Code for grant of temporary injunction to restrain defendants- 1 and 2 from interfering/obstructing plaintiffs-joint possession and enjoyment of the suit schedule properties.

(2.) The learned Trial Judge after considering the objections filed to the said application, by order dated 06.04.2017 allowed the application as prayed for.

(3.) Being aggrieved by the same second defendant filed an appeal in M.A. No. 18/2017 on the file of Additional Senior Civil Judge and JMFC, Madhugiri. By order dated 12.01.2018, appeal came to be allowed by setting aside the order passed by the Trial Court and dissolved the order of injunction vested insofar as, Item No. 3 of the suit schedule property is concerned. Hence, this appeal by plaintiff.