This Writ Petition is filed by the plaintiff in Original Suit No.

267 of 2021 on the file of the I Additional Civil Judge and JMFC,

Mangaluru, dismissing IA.IV.

2. Plaintiff has filed suit for permanent injunction

restraining the defendnats from interfering with the suit schedule

property. The defendant entered appearance and filed written

statement. In the meanwhile, the plaintiff has filed application

under O 39 Rule 1 and 2 Code of Civil Procedure and the trial

Court

granted

ad

interim

ex-parte

temporary

injunction

restraining the defendant from constructing compound wall

encroaching into suit 8C9 schedule propertyu as per order dated

10^th March, 2021. In the meanwhile, the plaintiff has filed

application in IA.3 under Section 151 Code of Civil Procedure to

enforce the order of temporary injunction against the defendant

to remove the temporary structure erected over the 8C9 schedule

property. The plaintiff has also filed IA.4 under Order 26 rule 9

3

of Code of Civil Procedure seeking appointment of the

Commissioner to hold local inspection with the assistance of

competent surveyor. The trial Court, after considering the

material on record, by its order dated 07^th March, 2