H ABDHUL GHANI Vs. H G GOVINDARAJU

JUDGEMENT

(1.) The petitioners/plaintiffs have filed the present writ petitions against the order dated 18.8.2017 on IA made in O.S.193/2005 rejecting the application filed by the plaintiffs under Section 151 of CPC and order 18 Rule 17 R/w Section 151 of CPC.

(2.) The present petitioners, who are the plaintiffs in the trial Court filed OS No.193/2005 for declaration of title and for permanent injunction in respect of the suit schedule property morefully described in the schedule contending that the property belongs to plaintiffs great grand father and on succession, the plaintiffs have become absolute owner of the suit schedule property. The defendant has no manner of right, title or interest to interfere with the same. Therefore, he filed the suit.

(3.) The defendants filed the written statement denying the plaint averments and contended that the defendant is the absolute owner in possession and enjoyment of the written statement schedule property having purchased under the registered sale dated 18.11.1991. Absolutely, the plaintiffs have no manner of title in the written statement schedule property. Inspite of the same, the plaintiffs are trying to interfere with the defendant's possession by way of encroachment. Therefore, the defendant was constrained to file O.S.No.276/2005 and obtained an order of status-quo in respect of the written statement schedule property. Therefore, the suit for injunction without being in possession of the entire suit property is not maintainable and sought for dismissal of the suit.