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2018 Supreme(Kar) 935

B.SREENIVASE GOWDA
A. N. UMASHANKAR – Appellant
Versus
A. V. KEMPANNA – Respondent


Advocates Appeared:
Sri. Srinivas V, Sri. M.J. Alva, Adv.

JUDGMENT :

B. Sreenivase Gowda, J.

11th respondent in R.A. No. 27 of 2018 on the file of the I Additional Sessions Judge, Kolar has preferred this miscellaneous first appeal under Order 43, Rule 1(r) of Civil Procedure Code, 1908 challenging the order dated 29-1-2018 whereunder, the First Appellate Court has allowed I.A. No. 1 filed by the respondent 1 (plaintiff) and granted temporary injunction restraining the appellant (11th defendant in O.S. and 11th respondent in R.A.) from withdrawing the compensation amount from the Express Highway Authorities with respect to suit item No. 17 bearing Sy. No. 48/1 of Vardenahalli Village, Kasaba Hobli, Malur Taluk, Kolar District, for a period of six months.

2. Heard the learned Counsel for the parties and perused the impugned order passed by the First Appellate Court.

3. Facts leading to this appeal are as under:

First respondent (plaintiff) filed a suit in O.S. No. 163 of 2017 against the appellant and respondents 2 to 11 for the relief of partition and separate possession of his half share in the suit properties. Along with the suit, plaintiff filed an application under Order 39, Rules 1 and 2 of CPC praying the Trial Court to grant an order of




















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