B.A. PRASANNAKUMAR Vs. C.S. SHOBHA RAJ

JUDGEMENT

(1.) The defendant filed the present writ petition against the order dated 3.8.2018 made in M.A. No.11/2017 on the file of the Senior Civil Judge & JMFC, Devanahalli modifying the order dated 6.3.2017 on I.A. No.1 in O.S. No.4/2017 and allowing the appeal and granting injunction restraining the defendant from interfering with the suit schedule property, pending disposal of the suit.

(2.) The present respondent who is the plaintiff before the trial Court filed the suit for Permanent Injunction in respect of the suit schedule property, contending that he is the owner in possession and enjoyment of the suit schedule property and the defendant has no manner of right, title and interest over the suit schedule property.

(3.) The defendant filed the written statement and denied the plaint averments and contended that the defendant is in possession and enjoyment of the suit schedule property by virtue of the registered gift deed dated 31.3.1993 and he is the absolute owner and the plaintiff has not come to the Court with clean hands and therefore he is not entitled to any relief and sought for dismissal of the suit.