IMPORTANT POINT
Grant of Temporary Injunction in a case of serious property dispute is justified.

JUDGMENT

This appeal is directed against the impugned order dated 20.01.2023 passed on I.A.No.1 in O.S.No.25029/2022 by the IV Addl.City Civil and Sessions Judge, Mayo Hall Unit, Bangalore, whereby the said application filed by the respondent – plaintiff for temporary injunction restraining the appellants – defendants from interfering with his peaceful possession and enjoyment of the suit schedule immovable property was allowed by the trial court.

2. For the sake of convenience, the parties are referred to by their respective ranks in the suit before the trial court.

3. The material on record discloses that the respondent – plaintiff instituted the aforesaid suit for permanent injunction and other reliefs restraining the appellants – defendants from interfering with his peaceful possession and enjoyment of the suit schedule immovable property which was described as Western portion of site bearing No.238, formed out of Sy.No.76 of Hongasandra village, situated at Begur – Hongasandra MICO layout, Begur road, Bangalore – 560068, as detailed in the schedule to the plaint. The defendants filed their written statement not only denying/disputing the claims and contentions of the plaintiff but also put forth a counter claim for permanent injunction in relation to the written statement schedule property by describing the same as a land bearing Sy.No.76 measuring 31 guntas situated at Hongasandra village, Begur Hobli, Bangalore South taluk, coming within BBMP jurisdiction as detailed in the schedule to the written statement. It is contended by the defendants that the plaintiff is illegally and highhandedly attempting to put forth a false and frivolous claim over the written statement schedule property measuring 31 guntas in Sy.No.76 without having any right, title, interest or possession over the same and that the suit of the plaintiff was liable to be dismissed and the counter claim of the defendants deserves to be allowed.

4. Along with the suit, the plaintiff filed the instant application I.A.No.1 for temporary injunction and in the first instance, an ad-interim ex-parte order of temporary injunction as sought for by the plaintiff was not granted in his favour by the trial court. Subsequent to the defendants entering appearance and filing their written statement, counter claim and objections to I.A.No.1, the trial court proceeded to pass the impugned order allowing I.A.No.1, thereby restraining the defendants from interfering with the plaintiff’s possession and enjoyment of the plaint schedule property. Aggrieved by the impugned order, the defendants are before this Court by way of the present appeal.

5. Heard learned Senior counsel for the appellants and learned Senior counsel for the respondent and perused the material on record.

6. In addition to reiterating the various contentions urged in the appeal and referring to the material on record, learned Senior counsel for the appellants submit that the trial court committed a grave and serious error of law in coming to the conclusion that the plaintiff was in lawful possession and enjoyment of the plaint schedule property. It is submitted that there was a serious dispute with regard to identity and location of the plaint schedule property and written statement schedule property and on this ground also, the plaintiff was not entitled to an order of temporary injunction. It is further submitted that the plaintiff was guilty of suppression of material facts and had not come to Court with clean hands and was not entitled to the discretionary and equitable relief of injunction.

7. On instructions, learned Senior counsel submits that if the plaintiff is directed not to change or alter the nature or character of the plaint schedule property and does not put up any construction on the same pending disposal of the suit, the defendants would not interfere or create any problem over the plaint schedule property. It is therefore submitted that the impugned order passed by the trial court deserves