JUDGMENT :

Challenging impugned order dated 17.12.20221 passed on I.A.No.1 filed under Order XXXIX Rule 1 and 2 CPC by XIV Addl. City Civil Judge & concurrent charge of XXXVIII Addl. City Civil Judge, Bengaluru, (CCH-39) in O.S.No.8997/2019, this appeal is filed.

2. Appellant herein is plaintiff, while respondent herein was defendant. For sake of convenience, parties shall hereinafter referred as such in this appeal.

3. O.S.No.8997/2019 was filed seeking for relief of permanent injunction restraining defendant from interfering with plaintiff's peaceful possession and enjoyment of suit schedule property bearing no.9. 1st Cross, Levelle road, Bangalore, measuring, approximately 5500 sq.ft. with structure on it (hereinafter referred to as 'suit property'). In suit, plaintiff filed I.A.No.1 under Order XXXIX rule 1 and 2 of CPC seeking order of temporary injunction restraining defendant from interfering with his peaceful possession and enjoyment of suit schedule property during pendency of suit. In affidavit filed in support of application, it was stated averment in plaint were to be read as part and parcel.

4. On consideration, trial Court passed impugned order dismissing application. Ag