M.SHAMAIAH Vs. KARNATAKA MILK FEDERATION

JUDGEMENT

(1.) This plaintiffs in O.S. No.25924/2015 on the file of the XIII Additional City Civil and Sessions Judge, Bengaluru [for short, 'the civil Court'] have impugned the civil Court's Common Order The civil Court by this Common Order has also rejected the respondent's application under Order VII Rule 11 of CPC, and the learned Senior Counsels for the parties are categorical that the respondent has not challenged the rejection of this application. dtd. 24/3/2016. The civil Court by this impugned order has rejected the appellants' application [I.A No. I] under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [for short, 'the CPC]' for temporary injunction against the respondent interfering with the appellants' possession and enjoyment of an immovable property, which is described as measuring 13 guntas in Sy.No.95 with certain boundaries, but without mentioning either the Village or the Hobli or the Taluk However, it is obvious from the records that the dispute is with regard to an extent of 13 guntas in Sy.No. 95 of Munnekolala Village, Varthur Hobli, Bangalore East Taluk. This property is hereinafter referred to as 'the Subject Property'.

(2.) Sri. B.K. Sampath Kumar and Sri S.S. Naganand, the learned Senior Counsels are heard respectively for the appellants and the respondent. The parties, for convenience, are referred to as they are arrayed before the civil Court. The present suit in O.S. No.25924/2015 is the third round of litigation between the plaintiffs [their family members] and the defendant. Therefore, the details of these proceedings are mentioned first before recording the controversy and the rival claims in the present suit. The details of the earlier proceedings are as follows:

(3.) The first round of litigation is in O.S. No. 1977/1987: