SHIVAMMA Vs. HANUMAKKA

JUDGEMENT

(1.) Petitioners being the defendants in an injunctive suit filed by the respondent herein in O.S.No.427/2017 are knocking at the doors of Writ Court seeking invalidation of the order dated 27.01.2018, a copy whereof is at Annexure-A whereby the learned Senior Civil Judge, Nelamangala, having allowed respondent's M.A. No.1/2018 against the trial judge's order dated 02.01.2018 has granted temporary injunction restraining interference. After service of notice, the respondent - plaintiff has entered appearance through his counsel and resists the writ petition.

(2.) Learned counsel for the petitioners argues that their registered sale deed is dated 23.03.1972 whereas that of the respondent's admittedly is 06.04.1979; even if it is assumed that the land comprised in petitioners' sale deed is the land enveloped by the respondent's, when the prior conveyance prevails over the later, which aspect of the matter the author of the impugned order has not adverted to. Petitioners' sale deed has the description of the suit property, inter alia, with reference to Sondekoppa Road, which is now modified by curvature on which the respondent is trying to build his argument; the lower appellate Court having approached the matter with juridically defective angle, the impugned order has come into existence.

(3.) Learned counsel for the petitioners hastens to add that in the event, the respondent succeeds in his suit, whatever construction that they undertake in the subject property, they would just quit and go without claiming any equity whatsoever, of course subject to right of appeal or otherwise. So arguing, he seeks allowing of the writ petition.