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2019 Supreme(Kar) 2039

KRISHNA S.DIXIT
N. Gopinath – Appellant
Versus
Vanitha Nagaraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Bharath Kumar S.
For the Respondent: Sri. K Ravishankar.

ORDER :

1. The petitioner being the plaintiff in a declaration & injunction suit in O.S.No. 5598/2019 is knocking at the doors of writ court grieving against deferring of consideration of his application filed under Order XXXVIII Rules 1 & 2 of CPC seeking an order of temporary injunction restraining the respondents from interfering with his peaceful possession and enjoyment of the suit property. The respondents having entered appearance through their counsel and having filed the Statement of Objections, resist the suit.

2. Learned counsel for the petitioner submits that the suit property was bought by the petitioner vide registered sale deed dated 30.12.1995, a copy whereof is at Annexure-B; khata has been transferred and khata extract is at Annexure-D; petitioner has been paying the taxes from the beginning till date and the tax paid receipts are in Annexure-C series; he had also put up a small shed with power supply by the BESCOM; the entire property has a compound wall; this being the position, on interference by the respondents, petitioner has filed the subject suit; instead of granting immediate protective relief, the learned trial Judge has only ordered emergent notice; the re

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