( 1 ) THESE are two revision petitions arising out of an application for temporary injunction in a suit for declaration of title and permanent injunction and, in the alternative, for possesssion.

( 2 ) THE suit property is a site forming a part of Muncipal Door No. 1215 in Shimoga Town, which contains some Box shops. The trial Court after hearing the defendant, which is the City Muncipal Council, Shimoga, dissolved the order of ad interim injunction. The plaintiffs preferred an appeal to the Court of the District Judge, Shimoga in MANo. 23 of 1975. In that appeal, the learned District Judge affirmed the order of the trial court so far as the vacant portion of the site is concerned and reversed the order with regard to the Box shops. Aggrieved by the said order, both parties have preferred the above revision petitions.

( 3 ) IN respect of this very subject-matter there was a prior suit instituted by the predecessors-in-interest of the present plaintiffs against the town Muncipal Council of Shimoga. That suit was OSNo. 412 of 1959 on the file of the Court of the Munsiff, Shimoga ; the relief prayed for was permanent injunction restraining the Muncipal Council from interfering with th

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