Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Gunasheela @ A. C. Vijaya Gunasheela, W/o. Late Mahendrakumargowda S. J. – Appellant
Versus
Dharmendra Gowda S. L., S/o. Late Lakshmanagowda S. H. – Respondent
JUDGMENT :
H.P. SANDESH, J.
Heard the learned counsel appearing for the appellants and the respondents.
2. This Miscellaneous First Appeal is filed against the order passed by the Trial Court in allowing I.A.No.9 filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC, wherein the prayer is sought by the plaintiffs to restrain the defendants or any body claiming under them from alienating item Nos.1 to 18 and 21 of the suit schedule properties in any manner, till disposal of the suit.
3. The factual matrix of the case of the plaintiffs before the Trial Court while seeking the relief of partition, it is contended that one Hanumegowda is the propositus of the family having three children namely, S.H.Javarappagowda, S.H.Ramegowda and S.H.Lakshmanagowda. Defendant Nos.2 to 5 are the children of S.H.Javarappagowda, plaintiff No.1 is the wife and plaintiff Nos.2 to 4 are the children of S.H.Lakshmanangowda. Plaintiffs and defendants are members of Hindu joint family, and suit properties are their joint family properties and there was no any partition. It is contended that S.H.Javarappagowda being the manager of the family purchased some of the properties for the benefit of the jo
The court upheld the trial court's order for a temporary injunction, emphasizing that issues of joint family property versus self-acquisition necessitate thorough examination during trial.
The court reaffirmed the principles governing the grant of temporary injunctions, emphasizing the need for a prima facie case, balance of convenience, and the potential for irreparable harm in disput....
The main legal point established in the judgment is that properties acquired from individual earnings of family members cannot be treated as joint family properties unless deliberate abandonment and ....
The burden of proof lies on the party asserting joint family properties, and without specific pleading and evidence, properties cannot be presumed as joint family properties.
Properties cannot be presumed joint family properties unless proven to derive from sufficient income or surplus of ancestral properties.
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
The main legal point established in the judgment is the need to prove the nucleus with which property could be acquired under Hindu Law, the application of the principle of lis pendens, and the discr....
The court affirmed that partition of family properties had occurred prior to 1942, establishing individual ownership rights over properties acquired post-partition, thereby negating claims of joint f....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
