AKKAYAMMA Vs. PADMAVATHI

JUDGEMENT

(1.) Defendant Nos.1 to 3 in O.S. No.16953/2005 on the file of XIII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, have filed the present writ petition against the order dated 25.8.2018 dismissing the application filed by them to enforce the order of maintaining status quo dated 3.8.2005, in respect of suit schedule property, with the help of police assistance.

(2.) Respondent Nos.1 to 5 who are the plaintiffs before the trial Court have filed the aforesaid suit for permanent injunction based on agreements and sale deed contending that they are the owners in possession of the suit schedule property and defendants have no manner of right, title and interest to interfere with the same.

(3.) The defendants filed written statement, denied the plaint averments and contended that the very suit filed by the plaintiffs for permanent injunction is not maintainable since the property belonged to the grand father of defendant Nos.1 to 3. The plaintiffs have no right, title and interest over the suit schedule property and sought for dismissal of the suit.