- (1.) LEAVE granted.
(2.) THIS appeal is directed against a judgment and order dated 28. 10. 2005 passed by the High Court of Karnataka at Bangalore in Miscellaneous First Appeal no. 8349/2005 whereby and whereunder the order of injunction dated 30. 8. 2005 passed by the XIII Additional City Civil Judge, Mayo Hill Unit, Bangalore in o. S. No. 16152/2005, was set aside. In view of the order proposed to be passed by us, it is not necessary to notice the fact of the matter in great detail. Suffice it to say that one J. K. Narayana Swamy was the owner of the property. Whereas the plaintiff-appellant claims her right, title and interest in the said property as the widow of said Shri J. K. Narayana Swarmy; the defendants-respondents claim themselves to be the assignees in respect of the said property from one N. Jayalakshmi, said to be the adopted daughter of J. K. Narayana in whose favour a Will was executed by him.
(3.) A suit was filed in the year 2005. Defendants-respondents filed written statements in the said suit on or about 15. 4. 2005. According to them by that time major portion of the construction was completed. However, the learned trial Judge granted an injunction on 30. 8. 2005 in favour of the plaintiff-appellant restraining the defendants-respondents from encroaching or interfering or putting up any construction in any portion of IA-I schedule property in any manner pending disposal of the suit. However, a miscellaneous first appeal was filed there against and an order of stay of the operation of the said order was passed by the High Court.;