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2017 Supreme(Kar) 308

K.N.PHANEENDRA
N. A. JAYARAM – Appellant
Versus
REVATHI S. ADIGA – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. V. B. SHIVA KUMAR, ADVOCATE
For the Respondent: SRI. M. N. SHESHADRI, Sr. COUNSEL FOR SRI. M. KRISHNAPPA, ADV.)

JUDGMENT :

This appeal is preferred calling in question the order dated 13.6.2016 passed in OS No.2847/2015 by the 29th Addl. City Civil Judge, Bengaluru, (CCH30) on IA No.1, under Order 39 Rule 1 & 2 of CPC, wherein the trial Court after due contest by the parties has allowed the said application granting Temporary Injunction restraining the defendants (appellants herein) from interfering with the plaintiff’s (respondent herein) peaceful possession and enjoyment of the of the site No.11 carved out in Survey No.10/1A of Sarakki village, Bengaluru and consequently dismissed the application filed under Order 39 Rule 4 of CPC, by the appellant (Defendant).

2. I have heard the arguments of the learned counsel for the appellants and the learned counsel for the respondent. I have carefully perused the order passed by the trial Court and the records.

3. Sri V.B. Shivakumar, learned counsel for the appellants submits that, the trial Court has not properly considered the relevant factors in this particular case and not properly assessed the location of the properties involved and wrongly interpreted the documents of title of the plaintiff and the defendants without ascertaining the proper sour


























































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