A.S. Bopanna, J.

This is the second round of litigation between the parties before this Court. The plaintiff in O.S.No.16316/2005 is the appellant. The plaintiff is before the Court below seeking for a judgment and decree of permanent injunction claiming to be the owner of the property bearing site No.3 formed in Sy.No.7/3A of Chikkbettahalli, Yelahanka Hobli; Bangalore North Taluk. In aid of the said prayer, the plaintiff also filed an application 1A.1 seeking an order of temporary injunction restraining the defendant from dispossessing him from peaceful possession and employment of the scheduled property.

2. The defendant who appeared on notice had disputed the claim of the plaintiff. Ultimately the issue which remains to be adjudicated by the Court below is as to whether actually the plaintiff had retained any portion in site No.3 formed in Sy.No.7/3A or as to whether the property to which the claim is laid by the plaintiff is some other property other than the property which was purchased by the defendant. This itself would indicate that there is a serious dispute with regard to the identity of the property. In that background, the Court below has referred to the con