SHARADAMMA Vs. SHIVAJI GOWDA A.S. AND ORS.

JUDGEMENT

(1.) The defendant No. 6 has preferred this writ petition challenging the order passed by the Lower Appellate Court granting an order of injunction restraining the defendants in the suit from interfering with peaceful possession and enjoyment of the plaint schedule property during the pendency of the suit.

(2.) The plaintiff has filed a suit for declaration that he has perfected his title by adverse possession and for a decree of permanent injunction restraining the defendants from interfering with his peaceful possession and for other consequential reliefs. The defendants contend that the schedule property originally belonged to one Ajjappa Gowda, adoptive father of the plaintiff and due to his default in payment of 'kandayam', the authorities of the Government sold the property in a public auction. One Gurubasappa Wodeyar purchased the said property. Thereafter the purchasers are put in possession. Subsequently, revenue entries are made in their name and therefore, it is the defendants, who are in possession and not the plaintiff and therefore, they contend that there is no merit in the suit.

(3.) In the said suit, an application is filed for an order of temporary injunction. The defendants contested the matter. The Trial Court, on consideration of the material on record, after hearing both the parties, was of the view that the plaintiff has failed to make out a prima facie case of lawful possession of the schedule property and therefore, dismissed the application for injunction.