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Judgment
19 paragraphs · 351 wordsN.S. Sanjay Gowda, J
By the impugned order an injunction is granted restraining the defendant from interfering with the plaintiff’s peaceful possession and enjoyment
of the suit schedule property.
At Paragraph 3 of the impugned order, it is stated that the defendant appeared through his counsel on 03.06.2019 and the Court had ordered that
objections were not filed on 13.08.2019. It is therefore, clear that an order of injunction was granted in the absence of any objections by the defendant.
Learned counsel for the respondent also submits that the appellant has in fact filed O.S.No.25529/2021 in which a prayer for declaration is also
made. He submits that in the said suit, an application has been filed by the appellant seeking for an order of injunction.
having regard to the fact that no objections were filed to I.A.No.I and also having regard to the fact that the appellant has himself filed
O.S.No.25529/2021 for declaration, I am of view, it would be in the interest of justice if the impugned order is set-aside and the trial Court is directed
to reconsider I.A.No.I afresh after giving the appellant an opportunity of filing the objections.
As it is brought to the notice of this court that a suit for declaration in O.S.No.25529/2021 has been filed in respect of the very same property, it
would also be in the interest of justice to direct that O.S.No.25529/2021 be withdrawn from CCH-58 and be transferred to XXXIX Additional City
Civil Judge (CCH-30), Bengaluru.
The trial Court shall reconsider I.A.No.I and also the application filed in O.S.No.25529/2021 and pass appropriate orders. Till the said applications
are considered, both the parties shall maintain status-quo.
It is stated that O.S.No.199/2019 is posted on 16.04.2021. The trial Court is directed to secure the records in O.S.No.25529/2021 and dispose of the
application filed therein and also I.A.No.I filed in O.S.No.199/2019 on or before 24.04.2021.
If any application is filed in O.S.No.199/2019 seeking to restrain the respondent from putting up any further construction, the same shall also be
considered by the trial Court along with I.A.No.I.