S.RAVI KUMAR
Pattamsetty Vital Srinivasa Rao – Appellant
Versus
Pattamsetty Venkateswara Rao – Respondent
S. Ravi Kumar, J.
This appeal is preferred against order dated 23-04-2016 in I.A.No.1180/2015 in O.S.No.265/2015 on the file of IV Additional District Judge, Gutnur.
2. Appellants herein are defendants 4 to 6 and respondents 1 & 2 herein are plaintiffs and respondents 3 to 12 are the other defendants in the suit. Parties are hereinafter referred to as plaintiffs and defendants as arrayed in the suit for convenience and better understanding.
3. Plaintiffs filed O.S.No.265/2015 for partition of plaint schedule properties into 15 equal shares and allot one such share to each plaintiffs with separate possession free from obstructions by meets and bounds. In that suit, they filed I.A.No.1180/2015 seeking temporary injunction to restrain defendants 4 to 8, their men and followers from making any constructions in item No.1 of plaint schedule property or in any way altering nature of plaint schedule property, pending disposal of the suit. The application was resisted by defendants 4 to 6 mainly on the ground that plaint schedule properties were orally partitioned in the year 1970 and as per said oral partition, plaintiffs & third defendant have sold out their share of properties in
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