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2024 Supreme(Kar) 211

H. P. SANDESH
A. Rajendra Kodgi – Appellant
Versus
A. Sudhir Kodgi – Respondent


Advocates appeared:
Sri Jayakumar S. Patil, Advocate, for the Appellant; Sri G.Balakrishna Shastry, Advocate, Sri B.L.Acharya, Senior Counsel For Sri Kishor B.K., Advocate, for the Respondent.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The case involves a civil property dispute concerning joint family properties, with the plaintiff seeking partition and separate possession [judgement_subject].

  2. The court reaffirmed the principles for granting temporary injunctions, emphasizing the need to establish a prima facie case, balance of convenience, and potential for irreparable harm [judgement_subject].

  3. The trial court granted a temporary injunction to prevent the alienation or encumbrance of certain properties until the final disposal of the suit, after finding that the plaintiff had established a prima facie case, that the balance of convenience favored the plaintiff, and that irreparable harm would occur without the injunction (!) (!) .

  4. The appeal challenged this order, with the appellants arguing that the trial court erred in granting the injunction, especially since the properties in question were allegedly purchased with their own funds, and certain documents (such as release deeds) had been executed years prior, which they contended should bar the grant of interim relief (!) (!) (!) .

  5. The appellants also contended that properties inherited from the maternal side or acquired through individual efforts should not be treated as joint family properties, and that the order of injunction was unwarranted in the absence of a prayer for cancellation of certain registered deeds or a specific declaration of title (!) (!) (!) .

  6. The respondent/plaintiff maintained that the properties were acquired from joint family funds, and that the defendant’s actions, including misappropriation and attempts to alienate the properties, justified the injunction to prevent irreparable harm (!) (!) (!) .

  7. The appellate court examined the evidence and the principles governing the exercise of discretion in granting injunctions, concluding that the trial court did not err in its findings, and that the balance of convenience favored maintaining the status quo until the suit was resolved (!) (!) .

  8. The appellate court ultimately dismissed the appeal, affirming the order of the trial court, and held that the order was reasonable and justified based on the material on record (!) (!) .

In summary, the court’s decision was based on the assessment that the plaintiff had demonstrated a prima facie case, that the potential for irreparable harm existed, and that the balance of convenience favored preserving the properties in question pending final adjudication.


JUDGMENT

H.P. Sandesh, J.

Heard the learned Senior counsel for the appellants and learned Senior counsel for the respondent No.1.

2. This miscellaneous second appeal is filed under Order 43, Rule 1(r) of Code of Civil Procedure challenging the impugned order passed on I.A.No.II dated 24.09.2021 allowing the application and restraining the appellants from alienating, encumbering or creating charge over the plaint 'A' and 'B' schedule properties or any portion there of, till the disposal of the suit.

3. The factual matrix of the case of the respondent No.1/plaintiff before the Trial Court in the suit filed for the relief of partition and separate possession is that, defendant Nos.1 and 2 are his brother. 'A' and 'B' schedule properties belong to their joint undivided family. The suit schedule properties which were inherited by their ancestors and some of the items of family properties are sold for a valuable consideration by the family members and the sale proceeds derived from family properties are invested in the lands and shares by the family for the benefit and welfare of their entire undivided joint family. The funds derived from the family properties on the sale proceeds and other

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