DAY,

THE

COURT

PRONOUNCED THE FOLLOWING:

O R D E R

Defendants have preferred the present writ

petition assailing the order dated 03/04/2018, in

M.A.No.18/2017, on the file of the Senior Civil Judge

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& JMFC at Periyapatna, (hereinafter referred to as <the

trial Court= for the sake of convenience), whereby, the

Miscellaneous Application filed by plaintiff was allowed

with costs, consequently I.A.No.1 filed by the plaintiff

in O.S.No.225/2017 under order XXXIX Rules 1 and 2

of the Code of Civil Procedure, 1908 (<CPC=) seeking

to restrain the defendants from interfering with the

peaceful possession and enjoyment of the suit

schedule property came to be allowed.

2.

The parties herein are referred to as per

their ranking before the trial Court for the sake of

convenience.

3.

The

suit

in

O.S.No.225/2017

for

a

permanent

injunction

from

interfering

with

the

peaceful possession and enjoyment of the schedule

property contending that the suit schedule property is

the ancestral property of the plaintiff and the plaintiff

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has

been

allotted

the

suit

schedule

property

Sy.No.196/3, measuring 01 acre 22 guntas under a

registered partition deed dated 30/03/2013.

4.

Pursuant to the summons issued by the

trial Court, the defendants appeared and filed their

written statement denying the plaint averments and

contended that the suit schedule property was

purchased by the husband of defendant No.1 and

father of defendant Nos.2 to 4, vide registered sale

deed dated 21/07/1999. However, it is stated that the

survey number was wrongly mentioned in the sale

deed as Sy.Nos.188/3 and 186/2, measuring 0.36 and

0.34 guntas respectively instead of Sy.No.196/3 and

that the boundaries mentioned in the sale deed refer

to Sy.No.196/3 and the same as that of the plaint

schedule property and not the Sy.Nos.188/3 and

186/2 and that the defendants have possession of

Sy.No.196/3 though the sale deed mentions the

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wrong survey number. On coming to know the

mistake in the sale deed, the defendants contended

that they filed suit in O.S.No.314/2017 on the file of

the Civil Judge & JMFC, Periyapatna, against the

plaintiff, his mother and others seeking a relief of

declaration to declare that the defendants are the

absolute owners of the suit schedule property under

the sale deed dated 21/07/1999, to issue a mandatory

injunction to rectify the sale deed and permanent

injunction restraining the plaintiff and his mother from

interfering with the suit schedule property and for

cancellation of the revenue entry standing in the name

of the plaintiff and the same is pending consideration.

5.

Plaintiff filed I.A.No.1 in O.S.No.225/2017

under Order XXXIX Rules 1 and 2 of the CPC seeking a

temporary injunction restraining the defendants from

interfering

with

the

peaceful

possession

and

enjoyment

of

the

suit

schedule

property.

The

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defendants filed a memo stating that the written

statement filed by the defendants to be treated as the

objections to I.A.No.1 and the trial Court on hearing

the parties dismissed I.A.No.1 filed by the plaintiff

under Order XXXIX Rules 1 and 2 of the CPC holding

that the plaintiff9s possession is doubtful and the

plaintiff has not made out a prima facie case and

when the defendants have disputed the title, any

document supporting possession cannot be considered

as a proof of lawful possession and accordingly

rejected the application I.A.No.1 holding that no

hardship or prejudice would be caused to the plaintiff.

6.

Aggrieved by the order on I.A.No.1, the

plaintiffs preferred M.A.No.18/201 before the Senior

Civil Judge, Periyapatna. The First Appellate Court on

re-appreciation of the material documents on record

and

on

hearing

the

parties

allowed

I.A.No.1,

restrained the defendants by an order of temporary

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injunction from interfering with the plaintiff9s peaceful

possession and enjoyment of the suit schedule

property till the disposal of the suit holding that the

act of the defendants in filing a subsequent suit for

de