CAV JUDGMENT

The defendant being aggrieved by the order dated 01.02.2025 passed on I.A.No.2 filed under Order XXXIX Rules 1 and 2 of CPC by the Court of I Additional City Civil & Sessions Judge, Bengaluru, in O.S.No.9272/2024, thereby, allowed I.A.No.2 granting an order of temporary injunction restraining the defendant from interfering with the plaintiff’s possession over the suit schedule Item Nos.1 to 4 properties and an exparte order of temporary injunction is made absolute thereby rejecting I.A.No.4 filed by the defendant under Order XXXIX Rule 4 of CPC. Therefore, challenging the same the defendant has preferred this appeal.

2. The plaintiff has filed the suit for permanent injunction restraining the defendant from interfering with the plaintiff’s possession over suit Item Nos.1 to 4 properties. It is the case of plaintiff that plaintiff is the owner in possession of residentially converted and developed vacant land bearing Sy.Nos.127, 129/1B, 128/1. Having purchased the said properties by the plaintiff from its original owner - Sri.Kalikiri Subramanyam through under registered sale deeds dated 27.08.2024 and 30.11.2024 respectively and thus, claimed that the plaintiff is in pos