ORAL ORDER

This writ petition is filed by defendant No.2 under Article 227 of the Constitution of India challenging the order dated 30.03.2024 passed by the I Appellate Court in MA No.2/2024, whereby the order passed by the trial court in O.S.No.17/2020 on IA filed by the plaintiff under Order XXXIX Rules 1 and 2 has been confirmed.

2. The plaintiff filed a suit for partition and separate possession. Along with the plaint, he filed IA under Order XXXIX Rules 1 and 2 of CPC, seeking temporary injunction restraining the defendants and its agents not to change the nature of the suit schedule property. The trial court, by an order dated 06.02.2024, allowed the application. Being aggrieved by the same, petitioner herein filed an appeal before the Senior Civil Judge, Srirangapatna in M.A.No.2/2024 and the same came to be dismissed by order dated 30.03.2024. Being aggrieved by the same, petitioner is before this Court.

3. This Court, at the time of admission, on

05.06.2024, passed the following order:

“Learned counsel for the petitioner is present.

Learned counsel for the caveator is absent. Issue emergent notice to the respondents.

There shall be stay of the impugned order dated 06.02.2024 passed on the I.A. filed under Order 39 Rules 1 and 2 of the CPC in O.S.No.17/2020 by the Principal Civil Judge and JMFC, Srirangapattana, wherein the petitioner herein has been restrained from changing any nature of the suit schedule property.

However, the petitioner is hereby restrained from alienating the suit schedule property till disposal of the writ petition. Further, if the petitioner were to lose in O.S.No.17/2020 and if the plaintiff therein is held to be entitled to the property in question then the petitioner shall restore back the property to its original nature.”

4. Pursuant to that, now the petitioner has put up construction of commercial stalls. Under these circumstances, the petitioner be permitted to let out the premises for rent and deposit the rent before the trial court.

5. Accordingly, the following order is passed:

(i) The writ petition is allowed.

(ii) The order dated 30.03.2024 passed in M.A.No.2/2024 is set aside.

(iii) The petitioner is directed not to put up further construction in the suit schedule property, in which he has already put up construction of commercial stalls.

(iv) The petitioner is permitted to let out the said commercial stalls and deposit the rent in the trial court.

(v) The above exercise is subject to the result of the suit.

(vi) Since the suit is at the stage of framing the issues, the trial court is directed to dispose of the suit as expeditiously as possible, at any rate, not later than eight months from the date of receipt of a certified copy of this order.

(vii) Both the parties are directed to co-operate for expeditious disposal of the suit.

(viii) In view of disposal of the main petition, all pending applications stand disposed of.