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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAMACHANDRA D.HUDDAR
Majeeda Khanam, D/o. Habib Khan – Appellant
Versus
Ahmed Khan S/o. Late Haider Khan – Respondent
JUDGMENT :
(RAMACHANDRA D. HUDDAR, J.)
This Miscellaneous First Appeal is instituted under Order XLIII Rule 1 (r) of the Code of Civil Procedure, (for short, "CPC") 1908, by the appellants herein, who are aggrieved by the order dated 15.02.2025 passed by the learned Senior Civil Judge and J.M.F.C., Channapatna in I.A.No.I in O.S.No.307/2024. In the said application filed by the plaintiffs under Order XXXIX Rule 1 and 2 read with Section 151 of the CPC, the appellants sought for an order of temporary injunction restraining the respondents from alienating the suit schedule property, more particularly Item No. 2, pending disposal of the suit. The Trial Court, by the impugned order dismissed the said application which has prompted the appellants to approach this Court seeking redressal by way of an appropriate interim order during the pendency of the suit.
2. The factual matrix of the case, as brought on record, reveals that the suit schedule property originally belongs to one Haider Khan, who is stated to have acquired the same from the joint family income during his lifetime. It is not in serious dispute that Haider Khan had 11 children, and the appellants and respondents are all the
Joint ownership requires the consent of all co-owners for any valid transfer of property; unilateral actions may violate legal rights and warrant protective relief in pending civil suits.
The court upheld the trial court's decision to grant a temporary injunction to maintain the status quo of the property, emphasizing the prevention of irreparable harm and the need for detailed adjudi....
Temporary injunctions require a prima facie case, balance of convenience, and irreparable injury, ensuring parties' rights are preserved during litigation.
A claimant must establish legal ownership to obtain an injunction; granting an injunction based on a dismissed declaration suit is contrary to established legal principles.
The court ruled that without contesting the validity of the settlement deed, plaintiffs could not claim rights over the property, affirming the injunction on one property while vacating it on another....
The burden of proof to establish joint family property lies with the plaintiffs, which remains unchanged even when defendants do not contest the suit.
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