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2022 Supreme(Kar) 1430

M. G. UMA
Geetabai @ Radhabai, W/o. Ramakrishnagouda Patil – Appellant
Versus
Krishnagouda, S/o. Mallangouda Nyamagouda – Respondent


Advocates Appeared:
Sri. Girish A. Yadawad, Sriyuths: Jagadish Patil and Santosh B.M., Sri. Ananth Mandgi, Sr. Counsel for Sri. Ramesh V. Itagi, Sriyuths: K.L. Patil and S.S. Beturmath, Sri. M.M. Patil.

JUDGMENT :

(M.G. UMA, J.)

The appellant in Miscellaneous First Appeal No.100477 of 2021 being the plaintiff in O.S.No.286 of 2019 on the file of Additional Senior Civil Judge and JMFC at Mudhol, (hereinafter referred to as 'the Trial Court') is impugning the order dated 17.04.2021 passed in the said suit on IA No.4 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, whereunder, the said application filed by respondent Nos.1 to 5 who were defendant Nos.1 to 5 in the suit came to be allowed, as a result of which, the plaintiff and defendant Nos.6 to 10 were temporarily restrained from causing damages to the crop standing in the land bearing R.S.Nos.55, 59, 60/1 and 60/3 situated at Melligeri Village, and obstructing the enjoyment of said lands by defendant Nos.1 to 5, till further orders. The appellants in Miscellaneous First Appeal No.100500 of 2021 being defendant Nos.6 and 7 are impugning the very same order passed by the Trial Court.

2. Brief facts of the case are that, the appellant in Miscellaneous First Appeal No.100477 of 2021 filed the suit in O.S.No.286 of 2019 before the Trial Court against defendant Nos.1 to 10 seeking a decree declaring that she is having 1/

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