SHIVAMMA AND ORS. Vs. CHANNAPPA AND ORS.

JUDGEMENT

(1.) Petitioners herein are defendant Nos.3 and 4 in O.S. No.226 of 2015, which is pending on the file of the Civil Judge (Jr. Dn.) at Gangavathi. Along with the plaint, the first respondent\plaintiff filed an application under Order XXXIX Rule 1 read with Section 151 of the Code of Civil Procedure, 1908, seeking an order of temporary injunction against the defendants in the said suit restraining them from interfering with his possession and enjoyment of the suit property. According to the first respondent/plaintiff, he purchased the suit property on 23.01.2007 vide document No.7925/2006-07. The Trial Court, by order dated 16.10.2015, granted an order of temporary injunction against the defendants. Being aggrieved by that order, the defendants preferred M.A. No.13/2015 before the first Appellate Court (Civil Judge (Sr. Dn.) at Gangavathi). The said Appellate Court, by judgment dated 08.08.2017, has dismissed the appeal and confirmed the order of the Trial Court. Being aggrieved by the same, defendant Nos.3 and 4 in the suit, have preferred this writ petition.

(2.) I have heard learned counsel for the petitioners and learned counsel for the caveator/respondent No.1 and perused the material on record.

(3.) It is noted that prior to the suit filed by the first respondent/plaintiff, petitioners herein, along with two others, had filed O.S.No.61/2015. That suit was filed seeking relief of partition and separate possession of the joint family properties. In the said suit, relief is sought to the effect that the sale deed vide document No.7925/2006-07 dated 22/23-01-2007, which stands in the name of the first respondent herein, is not binding on the plaintiffs therein. The same would imply that there is a registered sale deed in favour of the first respondent herein under which possession of the suit schedule property has been handed over to him by his vendor. In the above circumstances, the first respondent/plaintiff sought an order of the temporary injunction against the petitioners herein in the suit filed by him seeking relief of permanent injunction.