P V SHIVARAMA REDDY Vs. K NAGARAJ

JUDGEMENT

(1.) The defendants-petitioners filed these writ petitions against the order dated 12.12.2017 on I.A.No.18 under Section 151 of CPC wherein O.S.No.1125/2015 connected with O.S.Nos.1127/2005 and 1129/2005 as per Annexure-N rejecting the application for vacating exparte temporary injunction and to direct the trial Court to consider I.A.Nos.1 and 3 filed under Order 39 Rule 1 and 2 of Code of Civil Procedure and Order 39 Rule 4 of Code of Civil Procedure.

(2.) In the connected writ petitions the defendantspetitioners sought to quash the impugned order dated 06.03.2018 on I.A.Nos.1/2018 and 2/2018 in O.S.No.1125/2005 connected with O.S.Nos.1127/2005 and 1129/2005 as per Annexure-J allowing the applications filed in I.A.No.1/2018 under Order 18 Rule 17 read with Section 151 of Code of Civil Procedure to recall PW 1 for adducing further evidence and I.A.No.2/2018 under Order 7 Rule 14(3) read with Section 151 of Code of Civil Procedure seeking permission to produce the documents.

(3.) The respondents who are the plaintiffs before the trial Court filed suit in O.S.No.1125/2005 for permanent injunction against the present petitionersdefendants before the trial Court contended that they are the owners of the suit schedule property and defendant No.3 filed written statement denied plaint averments contending that he is the owner of the properties in question and sought for dismissal of the suit. The trial Court by an order dated 07.11.2009 considering the statement made by the learned counsel appearing for the plaintiff and defendant No.1 interim order was extended until further orders and posted the matter for issues, there after the defendants filed application under Section 151 of Code of Civil Procedure for vacating exparte temporary injunction i.e., to consider I.A.Nos.1 and 3, the trial Court considering the applications and objections by an impugned order dated 12.12.2017 rejected the application filed by the defendants. Hence, present writ petition No.5996/2018 and writ petition Nos.31146- 31147/2018 are filed.