LAWS(KAR)-2015-11-214

PREMA AND ORS. Vs. KARIYAMMA AND ORS.

Decided On November 26, 2015
Prema And Ors. Appellant
V/S
Kariyamma And Ors. Respondents

JUDGEMENT

(1.) THIS appeal is directed against the order dated 22.03.2014 passed by the Trial Court in O.S. No. 385/2012 partially rejecting the prayer made in I.A. No. 2 for temporary injunction to restrain defendants 1 to 3 from interfering with the peaceful possession and enjoyment of the suit schedule properties by the plaintiffs.

(2.) THE suit schedule properties in respect whereof order of temporary injunction was sought are mentioned in items 1 to 3 of the schedule appended to the application. Temporary injunction was sought in respect of Sy. No. 294/1 measuring 3 acres 18 guntas, Sy. 485/1 measuring 59' X 52' and the house property bearing No. 616/1 & 2, all situated in Hesarghatta Village, Hesarghatta Hobli, Bengaluru North Taluk.

(3.) PLAINTIFFS have contended that defendants 1 to 3 were strangers to the family of the plaintiffs and did not have any right over the suit schedule properties; with the support of some rowdy elements, defendants took the plaintiffs to the office of the Sub -Registrar and got registered the Partition Deed dated 05.01.2012 by playing fraud against them. It is alleged that complaint was lodged with the jurisdictional police.