( 1 ) THESE two appeals arise from the judgment and order dated 13th of october, 1998 passed by XIII Additional City Civil Judge, Bangalore on i. As. I and IV filed in O. S. No. 10169 of 1998, dismissing I. A. I filed by the plaintiff for temporary injunction and allowing I. A. IV filed by the defendants for vacating the ex parts injunction.

( 2 ) THE facts of the case in a nutshell are: the present plaintiff-appellant had filed the suit for a decree of permanent injunction restraining the defendants, their henchmen or their agents and servants from demolishing the temple of lord Eshwara as well as restraining them from putting up construction and from digging foundation as well as from changing the nature of the property etc. , till disposal of the suit. The plaintiff has stated that the property in dispute namely, Late muniswamappa Choultry or Maestry Mariyappa Choultry comprises in its fold a temple of Lord Eshwara alleged to be situated on the land measuring one and a half acres bearing old Sy. No. 109 and new Sy. No. 67 situated at 4th Cross, Subedar Chatram Road, R. K. Puram, Bangalore 560009, which came to be known as Muniswamappa Choultry and that was P