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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
| Table of Content |
|---|
| 1. nature of the suit for partition. (Para 1 , 2 , 3) |
| 2. abuse of process and maintainability of the suit. (Para 4 , 5 , 6 , 7 , 8 , 10 , 11) |
| 3. protection of right to claim partition. (Para 12 , 14 , 15 , 16 , 18 , 20 , 22 , 28 , 29) |
| 4. application of section 52 of the transfer of property act. (Para 21 , 23 , 24 , 27) |
| 5. final order modifying temporary injunction. (Para 30 , 31) |
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 Jo
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....
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