JUDGMENT :

C. PRAVEEN KUMAR, J.

The present Civil Miscellaneous Appeal is filed, under Order 43, Rule 1 read with Section 151 of Civil Procedure Code, 1908 [for short, “CPC”] assailing the Order, dated 06.09.2021 passed in I.A.No.130 of 2020 in O.S.No.13 of 2020, wherein, the application filed under Order 39, Rules 1 and 2 of CPC, seeking temporary injunction restraining the respondents/defendants from alienating the property, was dismissed.

2. The facts, in issue, are as under:

a) The appellants, who are the plaintiffs, filed a suit for declaration of title in respect of the suit schedule land and to declare the Registered Sale Deeds, dated 18.05.1990, 30.05.1995 and 20.09.2005 executed by one K. Shivanna as null and void and for delivery of possession.

b) The averments in the affidavit filed, in support of the petition, show that originally, one K. Thippanna died leaving his sons namely K. Ramachandrappa, K. Shivanna and K. Harischandrappa. The 1st and 2nd plaintiffs are the sons of K. Ramachandrappa and the 1st plaintiff is the father-in-law of the 3rd plaintiff and grand-father of plaintiffs 4 and 5. The 2nd son of Thippanna i.e., K. Shivanna died four years back leaving behind four