CAV JUDGMENT

This miscellaneous first appeal is filed under Order 43 Rule

1(r) of CPC praying this Court to set aside the order dated 01.10.2024 passed by the Trial Court on I.A.No.1 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC and rejecting I.A.No.2 filed under Order 39 Rule 4 granting the relief of temporary injunction restraining the appellants/defendants from interfering with the plaintiff’s possession over the suit schedule property or dispossessing the plaintiff from the suit schedule property, pending disposal of the suit.

2. The factual matrix of the case of the plaintiff before the Trial Court while seeking temporary injunction, it is stated that the plaintiff is the absolute owner of the suit schedule property bearing Sy.No.129/1C measuring 4 acres 32 guntas (excluding 7 guntas of ‘B’ kharab land), situated at Hoodi Village, K.R. Puram Hobli, Bengaluru East Taluk, which was purchased under the registered sale deed dated 13.03.2024 from its original owner Smt. D.A. Thejashwari. It is also the case of the plaintiff that on 07.11.2022, Smt. D.A. Thejashwari entered into a registered agreement of sale agreeing to sell the suit schedule property for consider