SADANANDA Vs. TAHSILDAR

JUDGEMENT

(1.) The unsuccessful plaintiff filed the present writ petition against the order dated 29.05.2018 made in on the file of the Senior Civil Judge and JMFC, Sakaleshapura, dismissing the appeal thereby confirming the order dated 28.06.2017 passed by the Trial Court on I.A.No.3 in O.S.No.29/2017 rejecting the application for temporary injunction in respect of item No.2, i.e., Sy.No.207/2C measuring 1 acre 8 guntas situated at Yadehalli, Belagodu Hobli, Sakaleshapura Taluk, Hassan District.

(2.) The present petitioner/plaintiff filed suit in O.S. No.29/2017 for the relief of permanent injunction in respect of suit schedule properties morefully described in the schedule to the plaint as item Nos.1 and 2, contending that he is the owner in possession of the suit schedule properties and defendants have no manner of right, title and interest over the same. The defendants filed written statement, denied the plaint averments and contended that as on the date of filing of the suit, item No.2 was not granted to the plaintiff and therefore, sought for dismissal of the suit.

(3.) In the said suit, the petitioner/plaintiff filed an application under Order XXXIX Rule 1 and 2 of Code of Civil Procedure for temporary injunction, reiterating the averments made in the plaint. The defendants filed objections to the said application. The Trial Court, considering the application and objections, by the order dated 28.06.2017, allowed the application in part granting injunction insofar as item No.1 and refused to grant injunction in respect of item No.2. Only insofar as refusal to grant temporary injunction in respect of item No.2, the plaintiff filed on the file of Senior Civil Judge and JMFC, Sakaleshapura. After considering the entire material on record, by the Order dated 29.05.2018 came to be dismissed. Hence the present writ petition is filed.