SHRI N GOVINDARAJU Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals are preferred against the orders passed by the Principal City Civil and Sessions Judge on IA Nos.II and V of 2016, in O.S. No. 8340/2016 dated 17.04.2018.

(2.) As both the appeals are preferred challenging the common order, they are taken up together for disposal: IA No.II was filed by the plaintiff under Order 39 Rules 1 & 2 for grant of Temporary Injunction restraining the defendants 5 to 7 from interfering with the plaintiffs peaceful possession and enjoyment of the of suit A and B Schedule properties.

(3.) The trial Court has granted injunction in favour of the plaintiff by allowing IA No.2/2016 granting injunction to the extent of 7 acres 7 guntas in Survey No. 70/2 situated at Kavalbyrasandra village, Bengaluru City until further orders. The Court also permitted the plaintiff to construct any structure in the 4 acres 20 guntas of land with a condition that the plaintiff shall demolish the constructed building built in 4 acres 20 guntas of land. In case the defendant No.5 finally succeeds in establishing his right to recover the said 4 acres 20 guntas of land as claimed in the counter claim, or plaintiff should not claim any equities over the said constructed buildings.