The Appellate Court overruled a temporary injunction in favor of validating ownership through documented sales, emphasizing the necessity of substantiated evidence for claims of joint property interests.

JUDGMENT

This appeal is filed challenging the order dated 21.02.2023 passed on I.A.Nos.1, 2 and 5 in O.S.No.487/2022, on the file of the XLIII Additional City Civil and Sessions Judge, Bengaluru.

2. Heard the learned counsel appearing for the respective parties.

3. The factual matrix of the case of the plaintiffs before the Trial Court is that the plaintiffs filed the suit for the relief of partition and they contended that one late V.Chinnanna @ Chinnappa was the kartha of Hindu undivided joint family and he is the original owner of the property bearing Sy.No.119/1 for an extent of 1 acre 26 guntas including 3 guntas of karab land and in Sy.No.119/2 to an extent of 1 acre 4 in Bilekahalli village, Bengaluru, which is more fully described as schedule ‘A’, ‘B’ and ‘C’ properties. The plaintiffs further contended that the said Chinnanna had two wives namely, Smt. Ammayamma and Smt. Lakshamma. The first wife Smt. Ammayamma was having five children namely C.Gopala, C Seenappa, C Ramakrishna, Sarojamma and Vankatamma. After the demise of Ammayamma, Chinnanna got married Lakshamma and begotten four children namely, Adhiraju, Padmamma @ Padma, Paparaju and Ammayamma. The plaintiffs further contended that defendant No.1 is the first son of said Chinnanna and Ammayamma and the elder brother of the plaintiffs and defendant Nos.2 to 6 are the children of defendant No.1, defendant No.7 is the wife of late Seenappa, the second son of the said Chinnanna and Ammayamma, defendant Nos.8 and 9 are the children of C. Seenappa and Kamalamma. It is further submitted that defendant Nos.10 to 13 are the children of C.Ramakrishna and Jayamma, defendant No.14 is the wife of one Adhiraju and second wife’s first son of Chinnanna and defendant Nos.15 to 17 are the children of Adhiraju and Chinneramma and defendant Nos.18 and 19 are the third and fourth children of Chinnanna and Lakshmamma and defendant Nos.20 to 23 are the subsequent purchasers. Late Chinnanna died leaving behind ten children and the plaintiffs’ mother on 06.06.1975. The plaintiffs’ mother died on 18.10.2016.

4. It is contended that during the year 1984, the suit ‘A’ and ‘B’ schedule properties to an extent of 1 acre 23 guntas and 1 acre 26 guntas were acquired for the Vijaya Bank Employees Housing Co-operative Society. The preliminary notification was made in the name of Chinnappa s/o late Erappa. At the time of preliminary notification, Chinnappa was dead and hence the award notice has been issued by the Land Acquisition Officer in the name of the legal heirs of Chinnappa. By the application of C. Seenappa, the Special Land Acquisition Officer left the property measuring 15 guntas in Sy.No.119/2 i.e. schedule ‘B’ property for the joint family purpose of Chinnanna. After passing of the award, some of the legal heirs of Chinnanna filed objections. Hence, reference under Sections 32 and 33 was made before the City Civil Judge in LAC Nos.50 and 246. The Civil Court ordered to disburse the award amount in favour of joint family members. During the pendency of the land acquisition case for enhancement of award amount, the plaintiffs’ mother Lakshmamma, the second wife of Chinnanna along with her two sons Adhiraju and defendant No.18 Paparaju, sold portion of property in Sy.No.119/2 to an extent of 8 guntas in favour of defendant No.20 through a registered sale deed dated 02.04.1996. The plaintiffs and defendant Nos.7 to 17 except defendant No.18, did not execute any sale deed in favour of defendant No.20. The defendant No.20 and he