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2017 Supreme(Kar) 1118

SREENIVAS HARISH KUMAR
Legacy Global Project Private Limited, Thimmaiah – Appellant
Versus
Shivakumar – Respondent


Advocates Appeared:
For the Appellant : M.G. Kumar
For the Respondent: K. Srihari

JUDGMENT :

1. This appeal is filed by the defendant in O.S.No.652/2016 on the file of Senior Civil Judge, Devanahalli; he has challenged the order dated 19.09.2016 passed in the said suit. The events that have led to preferring this appeal are as follows:

2. The respondent being the plaintiff instituted a suit for declaration and possession in respect of property measuring 1 Acre 26 guntas in Sy.No.265 (Old Sy.No.46/7) of Doddajala village, Jala Hobli, Bengaluru North Taluk. The plaintiff also filed two applications under Order 39 Rules 1 and 2 Civil Procedure Code seeking an order of temporary injunction to restrain the appellant/defendant from alienating the suit property pending disposal of the suit and direct the defendant to maintain status quo in respect of the suit property. The plaintiff prayed for passing ex parte order of injunction on these two applications. The trial court on being convinced that the plaintiff had made out a case for passing an ad interim order of temporary injunction as per I.A.No.1, passed an order on 19.09.2016 restraining the defendant from alienating the suit property in any manner till the next date of hearing. So far as another application is conce




















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