This appeal is filed by defendant Nos. 1 and 2 under

Order 43 Rule 1(r) of the Civil Procedure Code challenging

the order dated 18.08.2023 passed by the X Additional

City Civil & Sessions Judge, Bengaluru City, Bengaluru in

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O.S.No.920/2023, whereby IA filed by the plaintiff under

Order 39 Rules 1 and 2 of CPC has been allowed,

restraining the defendants from interfering with the

possession of the plaintiff over the suit schedule ‘A’

property.

2. For the sake of convenience, the parties are

referred to as per their rankings before the trial court.

3. The brief facts of the case are that the plaintiff has

filed a suit for bare injunction. Along with the plaint, he

has filed an application under Order 39 Rules 1 and 2 of

CPC praying to restrain defendant Nos.1 and 2 from

interfering with the suit schedule property. On service of

summons, the defendant Nos. 1 and 2 appeared through

counsel and filed the written statement. After hearing the

parties, the trial court, by the impugned order, allowed IA

filed under Order 39 Rules 1 and 2 by the plaintiff to

restrain

the

defendants

from

interfering

with

the

possession of the plaintiff over the suit schedule property.

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Being aggrieved by the same, defendant Nos. 1 and 2

have filed this appeal.

4. The suit schedule property is a vacant site.

Defendant Nos. 1 and 2 are the adjacent owners of the

sites of the suit schedule property. Their suit schedule

properties are also vacant sites, there is a dispute

regarding attempt to encroach the property by the plaintiff

and the defendants.

5. Since the suit schedule property is a vacant site

and

the

suit

is

for bare injunction, under

these

circumstances, the only relief that can be granted is to

direct both the parties to maintain status-quo till the

disposal of the suit and to direct the trial court to dispose

of the suit expeditiously.

6. In view of the above, I pass the following order:

(i) The appeal is allowed in part.

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(ii) The order dated 18.08.2023 passed by the X

Additional City Civil & Sessions Judge, Bengaluru City,

Bengaluru in O.S.No.920/2023 on IA No.1 is modified.

(iii) Both the parties are directed to maintain status-

quo in respect of the suit schedule properties till the

disposal of the suit.

(iv) The trial court is directed to dispose of the suit

as expeditiously as possible, not later than eight months

from the date of receipt of a copy of this order.

(v) In view of disposal of the appeal, all pending

applications stand disposed of.

Sd/-

JUDGE

CM

List No.: 1 Sl No.: 60