P. A. KULKARNI, J.

( 1 ) BOTH the advocates submitted that the appeal itself may be heard on merits. Accordingly the arguments on merits of the appeal advanced by both the advocates were heard and the appeal is disposed of finally with the consent of both the advocates. This is a plaintiff's appeal directed against the order dated 31-7-1985 passed by the 12th Additional City Civil Judge, (City Civil Court), Bangalore City, in O. S. No. 633 of 1984 dismissing I. A. No. 1 filed by the plaintiff under Order 39, Rules 1 and 2, C. P. C. and allowing I. A. No. 2 filed by the defendant under Order 39, Rule 4, C. P. C. and thereby dissolving the ad interim temporary injunction.

( 2 ) R. S. No. 81 of Kethamaranahally village, Rajajinaga III Stage, was an inam land. It was in possession and enjoyment of Archaka Srinivasaiah Singh 1931. The said Srinivasaiah had applied to the Special Deputy Commissioner of Inams Abolition for grant of occupancy rights in respect of the said land in his favour. On 4-2-1972, the said Srinivasaiah and his brother Narayana formed several sites in the said land and sold site Nos. 6, 7 and 8 measuring 30' X 100' each to Smt. Sampoornamma and Shri Motilal under re

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