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2023 Supreme(Kar) 312

H. P. SANDESH
Shivananda Sharma, Memorial Rashtriya, Vidyalaya Degree College, Represented By Its Secretary – Appellant
Versus
Shantha Nagesha Rao, W/o. Late Nagesha Rao – Respondent


Advocates Appeared:
For the Appellants : Sri. Sharath Gowda G.B.
For the Respondents: Sri Abhinav R.

JUDGMENT :

1. Heard the learned counsel for the appellants and learned counsel for the respondents.

2. This appeal is filed under Order 43, Rule 1(r) read with Section 151 of C.P.C. challenging the order dated 01.03.2023 passed in O.S.No.3213/2019 on the file of the III Additional City Civil and Sessions Judge, Bengaluru City (CCH No.25), allowing I.A. No.1 filed under Order 39, Rule 1 and 2 read with Section 151 of C.P.C. granting an order of injunction against the defendants.

3. The factual matrix of the case of the plaintiffs before the Trial Court is that the plaintiffs had filed the suit against the defendants for permanent injunction in which I.A.No.1 is filed for restraining the defendant Nos.1 and 2, men agents and such other persons or claiming through them in any manner operating the Sewerage Treatment Plant installed by the defendants in schedule ‘A’ property.

4. In support of the application, an affidavit is sworn to by the power of attorney holder that the plaintiffs are the absolute owners in possession and enjoyment of the suit schedule property. The property belonging in which the defendants are in occupation lies towards western side of his property who are running

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