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2021 Supreme(Kar) 723

S.R.KRISHNA KUMAR
D. M. Doddamuniyappa, S/o Late Dodda Muniyappa – Appellant
Versus
Krishnappa, S/o Late Chinnappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. K. Suman, Advocate
For the Respondent:Sri S. Mohan, Sri. N.Jagadish Baliga, Advocate

JUDGMENT :

This appeal by the plaintiffs in O.S.No.7512/2015 is directed against the impugned order dated 07.02.2020 whereby the application of temporary injunction filed by the appellants was rejected by the Trial Court.

2. Heard the learned counsel Sri. K.Suman for appellants, the learned counsel Sri. S.Mohan for respondent Nos.1 and 4 and the learned counsel Sri. N.Jagadish Baliga for respondent No.3 and perused the material on record. Respondent No.5Lokesha, having been served remained unrepresented and not chosen to contest the appeal.

3. The material on record indicates that, the appellant-plaintiffs instituted the aforesaid suit for partition and separate possession of their alleged share in the suit schedule property and for other reliefs. In the first instance, the suit schedule property comprised of only one item of immovable property bearing Sy.No.4/2 measuring 16 guntas. The appellants filed I.A.No.1 under Order 39 Rule 1 and 2 of CPC for order of temporary injunction restraining the defendants from alienating and encumbering the said item No.1 of the plaint schedule property. The said application having been allowed by the trial Court order dated 24.06.2016, the defendant

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