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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
HANCHATE SANJEEVKUMAR
K. Ganesh, Son Of Late M. Krishnappa – Appellant
Versus
Govind Reddy, Son Of Late Shri Muniyappa – Respondent
JUDGMENT :
HANCHATE SANJEEVKUMAR, J.
The appeal is filed by the appellants/defendant Nos.5 and 19 questioning the order dated 17.09.2025 passed on I.A.Nos.1 and 2 filed under Order XXXIX Rules 1 and 2 of CPC in O.S.No.4625/2025 on the file of XXIV Addl. City Civil and Sessions Judge, Bangalore City (CCH-6), thereby, by allowing I.A.No.1 restrained defendant Nos.1 to 27, their friends, agents, representatives, legal heirs, executors, administrators or anybody claiming through them from alienating or encumbering or creating third party rights in respect of schedule A, B and C properties and I.A.No.2 filed under Order XXXIX Rules 1 and 2 of CPC was dismissed.
2. The plaintiffs have filed the suit for partition and praying to grant 1/4th share and also for declaration to declare that the registered Joint Development Agreement dated 08.08.2013 is null and void and not binding on the shares of plaintiff No.1 and also prays to declare the registered partition deed dated 11.07.2018 and for rendition of accounts and for permanent injunction.
3. The appellants filed I.A.Nos.1 and 2 for an order of temporary injunction. I.A.No.1 is allowed and I.A.No.2 is dismissed. The trial Court assigned the r
Joint family properties must be protected in partition suits, ensuring the rights of co-sharers against potential losses during ongoing legal disputes.
The main legal point established is that a fresh cause of action justifies the filing of a separate suit for temporary injunction, and the Court must consider the conduct of the parties and the princ....
To obtain an interim injunction, a party must demonstrate a prima facie case, irreparable injury, and balance of convenience favoring the injunction.
The court upheld the grant of a temporary injunction, emphasizing the necessity of establishing a prima facie case, balance of convenience, and irreparable injury in property disputes.
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
Section 54 of the Transfer of Property Act, 1882 is “Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
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