B M DEVARAJAPPAKAR Vs. S GAYATHRI

JUDGEMENT

(1.) The defendants in O.S.5839/2017 on the file of LIX Addl. City Civil Judge, Bengaluru City. Bengaluru, have preferred this appeal aggrieved by the order dated 10.11.2017 passed in the said suit on I.A.Nos. I and II filed under Order XXXIX Rules 1 and 2 of the Civil Procedure Code ('CPC' for short). The trial court has passed an order of temporary injunction restraining the defendants from obstructing lawful possession of the plaintiff over the suit schedule property and has further directed the defendants to remove the compound wall constructed around the suit property within thirty days.

(2.) The plaintiff instituted the above suit for the relief of permanent injunction and mandatory injunction in respect of a vacant site bearing No.4 out of katha No. 262B/4 of Kothihosahalli Village, Yelahanka Hobli, Bengaluru North Taluk, measuring East to West 60' and North and South 80', in all 4800 sq. ft which is now situated in Sahakaranagar, Bengaluru along with 6225 sq. ft of common area. This property will be referred to as 'the suit property' hereinafter.

(3.) The plaintiff has pleaded that 25 guntas of land in Sy. No. 3/1 of Kothihosahalli earlier belonged to one N.N.Srinivasaiah and his wife K.V.Sujatha. They formed 4 sites in the said land, namely 262B/1, 262B/2, 262B/3 and 262B/4. Her husband Shivakumar purchased two sites bearing Nos. 262B/1 and 2 and daughter Sunitha purchased a site bearing No. 262B/3. She purchased site bearing No. 262B/4. The sale deeds were executed on 2.12.1995. On 12.4.2004 her husband Shivakumar and daughter Sunitha sold their respective sites to M.Venkatesh and M.V.Muniraj. The plaintiff retained her site. Till 2014 she was regularly going near the suit property for its supervision. For about seven months she could not visit the suit property owing to her ill-health. On 31.8.2015 when she went there, to her surprise she saw a peripheral compound having been constructed around the entire 25 guntas of land including her site. She requested the defendants to remove the compound. When the defendants did not heed to her request, she issued a legal notice to them. Since defendants did not remove the compound and started interfering with her possession, she filed a suit.