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2013 Supreme(Kar) 1282

N.KUMAR, H.S.KEMPANNA
HANAMANTAGOUDA – Appellant
Versus
MALLIKARJUNAGOUDA – Respondent


Advocates:
Advocate Appeared:
S.N. Banakar, for the Appellant

JUDGMENT

N. KUMAR, J.-This appeal is filed against the order passed by the trial Court under Order 39, Rule 1 and 2 read with Section 151 of CPC declining to grant an order of temporary injunction.

The appellant is the plaintiff in O.S. No. 114/2012. He is a retired public prosecutor. He has filed the suit for declaration that the alleged loan transaction between defendant No. 6 and defendant No. 2 is not binding on the plaintiff and defendant No. 6 has no right to recover the loan amount by selling 1/6th share in the suit schedule-A property to the extent of 1/6th share and consequently sought for decree of permanent injunction restraining defendant No. 6 from selling schedule-A property to an extent of 1/6th share.

2. In the body of the plaint, it is categorically pleaded that, in respect of schedule B and C properties there was already a partition among the plaintiff and defendant Nos. 1 to 5 and they are in possession since many years. They are enjoying the respective shares and managing the same. However, schedule-A property is the joint ancestral family property of plaintiff and defendant Nos. 1 to 5, wherein the plaintiff has got 1/6th share. The grievance is that, defendant No









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