AYISHA AMBERIN Vs. R PARVATHI

JUDGEMENT

(1.) The plaintiff filed the present writ petition against the order dated 02.03.2019 on I.A. in O.S.No.25915/2016 rejecting the application filed under Order VII Rule 1 r/w Sec.26 of CPC on the file of 57th Addl. City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru.

(2.) The plaintiff filed suit for permanent injunction in respect of the suit scheduled property morefully described in schedule to the plaint ie., property bearing Site No.3 carved out of Sy.No.26/5, old Sy.No.26/3 having Khata No.26/5/3 situated at Shrusthi Layout, Phase-1, Basavanapura village, K.R.Pura Hobli, Bangalore East Taluk. The learned counsel for the plaintiff-petitioner contends that the petitioner is the owner of property in question by virtue of registered sale deed dated 03.08.2013. He further contended that the defendant who has no right, title or interest in the suit schedule property is interfering with the plaintiff's peaceful possession and enjoyment of the same and therefore he has filed the suit.

(3.) The defendant filed written statement along with counter denying the plaint averments and contended that defendant is the owner of site No.6 and 13 formed in Sy.No.26/2 of Basavanapura village, K.R.Puram Hobli, Bengaluru South Taluk morefully described in the schedule at para 9 of written statement and sought for permanent injunction against the plaintiff from interfering with the peaceful possession and enjoyment of the suit schedule property.