C. VIJAYAKUMAR Vs. CWIND-ENGURE J V.

JUDGEMENT

(1.) This appeal is preferred calling in question the order dated 8.8.2016 passed in OS No.5056/2016 on IA Nos.1 and 2 by the XVII Addl. City Civil and Sessions Judge, Bengaluru, allowing IA No.1 in favour of the plaintiff (respondent herein) filed under Order 39 Rules 1 & 2 of CPC and dismissing IA No.2.

(2.) I have heard the arguments of the learned counsel for the appellants and the respondent at the stage of admission, with consent of the learned counsels appearing on both sides on merits.

(3.) The plaintiff has filed two applications, under Order 39 Rules 1 & 2 of CPC seeking temporary injunction restraining the defendants from obstructing the construction work carried by the plaintiff in the suit property till the disposal of the suit and IA No.2 was filed restraining the defendants from interfering with the peaceful possession and enjoyment of the schedule property by the plaintiff. After providing opportunity to both the parties and considering the documents produced by both the parties, the trial court has rejected IA No.2 and allowed IA No.1.