JUDGMENT

MFA No.5348/2023 and W.P.No.17077/2023 are arising out of the common order passed by the trial court, on IA Nos. 2 and 3. Hence, these two matters are heard together and common order is being passed.

2. The appeal and writ petition are filed by the defendant challenging the order dated 15.07.2023 passed by the I Additional Senior Civil Judge & JMFC, Nelamangala, on IA No.2 filed by the plaintiff under Order 39 Rules 1 and 2 of CPC and IA No.3 filed by the defendant under Section 52 of the Transfer of Property Act, whereby the trial court allowed IA No.2 filed by the plaintiff and dismissed IA No.3 filed by the defendant. Being aggrieved by the same, defendant filed MFA

No.5348/2023 against the order passed on IA No.2 and

W.P.No.17077/2023 against the order passed on IA No.3.

3. For the sake of convenience, parties are referred to as per their ranking before the trial court.

4. The plaintiff filed a suit for recovery of money, declaration and injunction. Along with the plaint, he filed IA No.2 under Order 39 Rules 1 and 2 of CPC seeking temporary injunction restraining the defendants, its shareholders, its office bearers, its employees or any person associated with defendant from