M. VENKATASWAMY Vs. M.S. PALAKSHA

JUDGEMENT

(1.) The defendant in O.S. No.5233/2015 on the file of XII Additional City Civil and Sessions Judge (CCH No.27), Bengaluru, has filed the present writ petition against the order dated 19.11.2016 passed on I.A. No.4 whereby the trial Court has allowed the application filed by plaintiff under Section 151 of CPC and directed the Sub Registrar, Bommanahalli not to register the sale of flats in the suit schedule property, which is more fully described in the schedule to the impugned order.

(2.) The respondent who is the plaintiff before the trial Court has filed the aforesaid suit for declaration of title and mandatory injunction against the defendant to remove the structure being put up illegally in the suit schedule property and thereafter, hand over the possession thereof and also for permanent injunction against the defendant restraining him and their henchmen from interfering with the peaceful possession and enjoyment of the suit schedule property of the plaintiff. The plaintiff has contended he is the absolute owner of the suit schedule property more fully described in schedule to the plaint purchased under registered deed dated 29.7.1994 and is in possession of the same. The defendant has no manner of right, title and interest to interfere with the same.

(3.) The petitioner-defendant filed written statement denied the plaint averments and contended that the defendant has acquired the property bearing Sy. No.16/2 measuring 1 acre 25 guntas situated at Yellukunte village, Begur Hobli, Bangalore South Taluk, under a registered sale deed dated 22.6.1937 and he has been in possession and enjoyment of the same. The plaintiff is not entitled for any relief and sought for dismissal of the suit.