( 1 ) 1. This petition has come before us on a refeience made by the learned Single judge to consider the following questions of law :1) Whether the defendants can file an application seeking temporary injunction against the plaintiffs in a suit filed by the plaintiffs ? and2) Whether the decision of this court in Suganda Bai v Sulu Bai B others (1975 (1) Kar. L. J. , 967) places any restriction in the matter of grant of temporary injunction in favour of defendants in a suit filed by the plaintiffs?

( 2 ) PETITIONERS were defendants and the respondents were plaintiffs in the trial Court. For the sake of convenience the parties will be referred to by their status In the Court below.

( 3 ) THE brief facts, leading to this reference are as follows : the plaintiffs filed a suit in O. S. No. 19 of 1980 on the file of the Civil Judge at Chikkaballapur, claiming partition and separate possession of their two-thirds share in the plaint schedule properties which are alleged to be the joint family properties of the plaintiffs and the defendants. In the said suit, the defendants filed an interlocutory application (I A V), seeking temporary injunction to restrain the plaintiffs from interfering

Click Here to Read the rest of this document