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1999 Supreme(Kar) 231

H.RANGAVITTALACHAR
N. SEETHARAMA SHETTY – Appellant
Versus
UPENDRA MADHAV KINI – Respondent


( 1 ) THIS is a defendant's appeal against the orders passed by the 12th Additional Civil Judge on. A. IX in O. S. No. 62 of 1990.

( 2 ) RESPONDENTS herein filed the suit O. S. No. 62 of 1990 against the appellants for permanent injunction and for declaration regarding the two sale deeds executed by one Lalithamma in favour of the appellants herein as a got up document. In the suit they had filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure against the appellants for an order of temporary injunction to restrain the appellants from interfering with their possession and enjoyment of property described in the plaint as 'a' schedule property and restrain them from interfering with their right of passage described as 'c' schedule property, and also prevent them from putting up any construction in respect of properties in possession of the appellants. Upon notice of the suit and the application, appellants entered their defence and objected for granting of temporary injunction. Learned Judge after hearing the parties by his order dated 9-2-1998 has restrained the appellants from interfering with respondents' possession of 'a' schedule property and the resp


























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