N.S. Veerabhadraiah, J.--This is the Plaintiff's appeal directed against the Order passed on I.A. No. I, in O.S. No. 7988 of 2000 by the v. Additional City Civil Judge, Bangalore City, dated 1.8.2001 partly allowing I.A. No. I filed under Order 39, Rules 1 and 2 Code of Civil Procedure.

2. The brief facts are as follows:

The Plaintiff is a Religious and Charitable Trust rendering charitable services since 1886 that by a Deed of Settlement dated 23.11.1886 certain immovable properties situated at Gavipuram Guttahalli commonly known as Sri Gavi Gangadareshwara Swamy Temple in Gavipuram Guttahalli settled in favour of the Plaintiff, consisting of 20 ankanas including vacant land and angala backyard, a well etc. Subsequently, by another document dated 31.8.1919 the persons by name Sri Nanjundappa and Sri Banappa gifted certain properties as "Dharma Shasana" situated at Bangalore City, Gavipuram Guttahalli near Sri Gavi Gangadareshwara Swamy Temple, measuring East to West: 22 ft., North to South: 45 ft. and bounded on the East: by Plaintiff's choultry, West: by road, North: by vacant land and South: by "Bhahuthwada Angala". Subsequently, by an Agreement dated 21.7.1965 between the