ORDER :

The petitioner-defendant filed the present writ petition against the order dated 19.12.2018 passed by Civil Judge (Sr.Dn), Belur made in Miscellaneous Appeal No.30/2018 allowing the appeal by setting aside the order dated 04.12.2018 made in O.S.No.249/2018 on I.A.No.II granting injuction, restraining the defendant from putting up the construction of building by encroaching ‘B’ suit schedule property measuring East to West 50 feet and North to South 20 feet out of the ‘A’ schedule property, belonging to the plaintiff, pending disposal of the suit.

2. The respondent who is the plaintiff before the trial Court filed suit for declaration, permanent injunction, mandatory injunction and to deliver the possession of ‘B’ schedule property by raising various contentions. The defendant filed written statement denied the plaint averments and contended that the plaintiff is not the owner of the ‘B’ schedule property and defendant is the owner in possession of ‘B’ schedule property, after obtaining necessary plan and permission from the jurisdictional authorities, the construction is made. Therefore, he sought to dismiss the suit.

3. The Plaintiff also filed an application-I.A.No.II under