M CHANDRASHEKAR Vs. B RAMAIAH AND OTHERS

JUDGEMENT

(1.) These writ petitions are filed by the defendant against the order dated 07.02.2017 passed in O.S. No. 743/2017 on the file of the XXII Additional City Civil and Sessions Judge, Bengaluru, granting police protection to the plaintiffs as prayed for.

(2.) The plaintiffs/respondents have filed a suit for permanent injunction against the defendant-present petitioner contending that they are the absolute owners and in possession and enjoyment of the schedule property and also filed an application-I.A.No.1/2017 for temporary injunction. The trial Court by order dated 30.01.2017 allowed the application-I.A. No. 1/2017 and granted an ex parte temporary injunction restraining the defendant from constructing structure without leaving set back in his property and that this ex parte temporary injunction order will be in force till defendant files his objections to I.A.No.1/2016 and also directed to issue summons and notice on I.A. No. 1/2017 together with order (passed) on I.A. No. 1/2017 to defendant, after plaintiff complies with Order 39, Rule 3 of CPC, returnable by 15.03.2017.

(3.) It is the case of the petitioner-defendant that the plaintiffs-respondents have filed an application under Section 151 of CPC to advance the case from 15.03.2017 to 07.02.2017. For the reasons stated in the application, the same came to be allowed and was granted police protection for implementation of temporary injunction granted on 30.01.2017, on the ground that defendant-petitioner has violated the order of temporary injunction. Hence, the present writ petition is filed.