MANJUNATH N.V. Vs. MUTHAPPA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the respondent.

(2.) This appeal is preferred by the appellant/defendant aggrieved by the order passed by the 68th Addl. City Civil and Sesions Judge, Bangalore City (CCH-69), wherein I.A.No.1 filed by the plaintiff in O.S.2569/2016 under Order 39 Rules 1 and 2 of CPC came to be allowed restraining the defendant, his men, servants, etc, from obstructing the plaintiff's peaceful possession and enjoyment of the suit schedule property pending disposal of the suit.

(3.) Factual matrix of this appeal are as under : The plaintiff/respondent herein instituted a suit in O.S.No.2569/2016 in respect of the suit schedule properties relating to property bearing Sy.No.2 measuring 9.07 guntas situate in Hulimavu village, Begur Hobli, Bangalore south taluk. The claim of the plaintiff is that, late Kempanna has acquired the land by way of grant of occupancy rights by the Land Tribunal by its order dt. 27.051982. The said land was regranted to him. Subsequently, one of the joint family members of the plaintiff filed O.S.3589/2008 seeking partition and separate possession. The said suit ended in a compromise and final decree was drawn, under which plaintiff was allotted 9.07 guntas out of 2 acres 17 guntas in Sy.No.2 and 6.4 guntas in Sy.No.4/2 of Hulimavu village, Begur Hobli, Bangalore south taluk.