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2023 Supreme(Kar) 953

H. P. SANDESH
Vidhyashilp India Private Limited – Appellant
Versus
Y. N. Ashwatha – Respondent


Advocates appeared:
Dyan Chinnappa, Advocate, S.Venugopala, Advocate, K.Chandan, Advocate

JUDGMENT

1. This matter is listed for admission today. Heard the learned counsel for the appellants and the learned counsel for the caveator/respondent No.3.

2. This appeal is filed being aggrieved by the order of the Trial Court passed in O.S.No.5900/2022 on I.A.No.1 filed by the plaintiffs under Order 39 Rules 1 and 2 read with Sec. 151 of CPC questioning the allowing of the application and rejecting the application filed by the appellants i.e., I.A.No.2 filed under Order 39 Rule 4 read with Sec. 151 of CPC.

3. The factual matrix of the case of the plaintiffs before the Trial Court is that the plaintiffs filed a suit for the relief of permanent injunction praying the Court to grant an order of injunction, interalia sought for an order to grant temporary injunction restraining the defendants, their agents, servants or anybody else claiming through them from preventing the plaintiffs from using the road marked as DEFG in the rough sketch to gain access to the suit schedule property, till the disposal of the suit. In support of the application, an affidavit is sworn to by plaintiff No.3 that plaintiff No.1 is her father and plaintiff No.2 is her brother. The agricultural land situate

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