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Judgment
Mohan M. Shantanagoudar, J.—Court below has rejected I.A. No. 14 filed by plaintiffs under Order 39, Rules 1 and 2 read with Section 151 of Civil Procedure Code, 1908 praying for temporary injunction. Appellants herein are plaintiffs in O.S. No. 5708 of 2012. Suit is for permanent injunction in respect of various sites said to have been purchased by plaintiffs formed in Survey No. 202. According to the plaintiffs, their vendors had formed the sites in Survey No. 202 and purchased the sites in the year 1984.
It is the case of the defendants that property in question is a Government property and therefore father of the plaintiffs did not have any right over the said property and consequently, the plaintiffs cannot claim any right over the allotted sites.
The Court below on evaluating the materials on record has concluded that the plaintiffs had failed to make out a prima facie case against the defendants and consequently, they are not granted temporary injunction.
It is also brought to the notice of the Court by the learned Advocate for the appellants that, as on this date, BBMP has formed park and public are using the same; according to the plaintiffs/appellants, the huts of the plaintiffs were demolished illegally, though, there is no specific order granted in favour of the defendants.
Be that as it may, the question as to whether the park was formed earlier or subsequently, need not be gone into at this stage and the same needs to be decided by the Trial Court. Prima facie materials produced on record to the Court show that, property in Survey No. 202 is a Government property. In view of the same, prima facie the Trial Court is justified in concluding that the plaintiffs have not made out prima facie case of lawful possession over the property. The Trial Court on verification of the entire material on record has rightly come to a right conclusion, since this is a miscellaneous appeal, the scope is very limited, unless the order of the Court below is based on erroneous facts, this Court will be slow in reversing or interfering with the order of the Court below. On reappreciation of the materials on record, this Court does not find any ground to interfere with the prima facie opinion formed by the Trial Court. No interference is called for. Appeal fails and same stands dismissed.
The Trial Court is directed to decide the suit on merits as early as possible.