HARI NATH TILHARI, J.

( 1 ) THIS Revision Petition has been listed along with the application for vacation of exparte interim order of stay. But, to avoid further delay in the matter of disposal of the Revision I have called upon both the Counsel for the parties to argue the case on merits, Before I further proceed, i may mention that this Revision arises out of the judgment and order dated 15. 7. 1995 delivered by the Principal Civil Judge (K. G. Lakshmipathi), Bangalore, in Miscellaneous Appeal No. 39/95 (K. Chinnappa v. C. Srinivasa Reddy) dismissing the plaintiff's appeal challenging the order of mandatory injunction granted by the Munsiff, Anekal, on 25. 3. 1995 in favour of the defendant (opposite party) in O. S. No. 193/93.

( 2 ) THE brief facts of the case in nut-shell are to the effect that the plaintiff filed the suit for permanent injunction restraining the defendant from interfering and committing trespass on the land alleged to the belonging to the plaintiff, situated in Hebbagodi village in Bangalore District. During the pendency of the suit the defendant/opposite party moved an application purporting to be under Order 39 Rules 1 and 2 read with Section 151 C. P. C.

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