The Plaintiff's lack of legal right or right of enjoyment over 'Bhahuthwada Angala' led to the dismissal of the appeal.

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 Plaintiff and Sri Banappa certain conditions were stipulated to put up a gate for the use of the donee and donor. The suit schedule property demarcated in the letters "A, B, C, D", measures approximately East to West: 60 ft. and North to South: 50 ft. the southern boundary of the suit schedule property is shown in the letters "A, B" to the plaint sketch, described as "Bhahuthwada Angala" and the said "Bhahuthwada Angala" are in enjoyment in common by the Plaintiff and the Defendant having a domain over the property by Plaintiff. One Sri Nagaraj filed O.S. No. 2388 of 1973 against the Magaji Dhondusa Charities for the relief of perpetual injunction. The said suit was in respect of "Bhahuthwada Angala". After the trial, it was dismissed on 16.12.1975. The said Sri Nagaraj preferred Regular Appeal No. 46 of 1976, which also came to be dismissed. The Defendant in order to develop the property entered into an understanding with the developers and illegally made an attempt to remove and dismantle the existing compound wall and to remove the stone slabs which were laid permanently on the suit schedule property called "Bhahuthwada Angala". The Defendant has also made an attempt to put up a permanent construction by blocking the entire access of ingress and egress towards "Bhahuthwada Angala", which leads to Magaji Dhondusa Charities. In the meanwhile, the Defendant also filed O.S. No. 175 of 2000 for perpetual injunction in which, the Defendant has made a false claim. The Plaintiff ha a right over "Bhahuthwada Angala". The Defendant and his supporters interfered with the suit schedule property on 20.11.2000 by doing Bhoomi Pooja with an intention to put up multistoried apartments. On the above pleadings, filed the suit for permanent injunction to restrain the Defendant, their agents not to interfere or put up any construction over the suit schedule property and for such other consequential relief along with I.A. No. I under Order 39, Rules 1 and 2 Code of Civil Procedure praying for the relief of temporary injunction.

The Defendant filed a detailed written statement pleading that in fact Bhahuthwada Angala recited therein is the boundary of the property covered by the deed "Bhahuthwa" of "Angala" being between the executants thereof i.e., Sri Banappa and Sri Nanjundappa who were enjoying the same in common along with the property situate to the South of the purported Plaintiff's Choultry. The ownership of the "Bhahuthwada Angala" had vest only in Sri Banappa and Sri Nanjundappa and not in Plaintiff. However, if it were to be otherwise, there was no need to execute document purportedly transferring northern area of "Bhahuthwada Angala". The very term of the document relied upon by the Plaintiff deciphers that the permission granted on the transferred propert