This appeal under Order 43 Rule 1(r) of the CPC is

filed by the plaintiff in O.S.No.2776/2021 before the LII

Addl. City Civil and Sessions Judge, Bangalore, challenging

the order dated 8.10.2021 passed on I.A.No.1 filed under

Order 39 Rules 1 and 2 read with Section 151 of CPC and

I.A.No.2 filed under Order 39 Rule 4 read with Section 151

of CPC, whereby the Trial Court has dismissed I.A.No.1

filed by the plaintiff and allowed I.A.No.2 filed by the

defendants and exparte interim order dated 22.4.2021 has

been vacated.

For the sake of convenience, the parties are

referred to as per their ranking before the Trial Court.

The plaintiff filed the suit in O.S.No.2776/2021

before the Trial Court seeking for relief of partition and

separate possession in the suit schedule property. Along

with the suit, the plaintiff had also filed I.A.No.1 under

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Order 39 Rules 1 and 2 read with Section 151 of CPC

seeking for grant of an order of temporary injunction

restraining the defendant Nos.1 to 7 from alienating item

Nos.1 and 2 of suit schedule property. The Trial Court had

granted exparte interim order on 22.4.2021. On service of

summons, defendants appeared through counsel and filed

written statements. The defendants filed I.A.No.2 for

vacating the exparte interim order. After hearing the

parties, the Trial Court by order dated 8.10.2021

dismissed I.A.No.1 filed by the plaintiff and allowed

I.A.No.2 filed by the defendants and interim order dated

22.4.2021 was vacated. Being aggrieved by the same, the

plaintiff has filed this appeal.

This court on 19.11.2021 granted interim order

restraining the respondents from alienating the suit

schedule property till the next date of hearing. Thereafter,

the interim order was extended from time to time and the

same is operating till today.

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The learned counsel for the respondents-

defendants submitted that this court has granted interim

order only restraining the respondents from alienating the

suit schedule property. The appellant-plaintiff taking

advantage of the same, is trying to interfere with the

defendants’ peaceful possession of the property.

The learned counsel for the appellant-plaintiff

submitted that appellant has not disputed the possession

of defendants in respect of item No.2 of the suit schedule

property.

Heard the learned counsel for the parties and

perused the records.

8.

Considering the above submissions of the

learned counsel for the parties and in the interest of

justice, the only order that can be passed at this stage is

to direct the parties not to alienate the suit schedule

property, till the disposal of the suit.

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9.

Accordingly, the appeal is disposed of.

The impugned order dated 8.10.2021 passed by the

trial court is modified. Both the parties are directed to

maintain status-quo in respect of possession of the suit

schedule property and further parties are directed not to

alienate the suit schedule property, till the disposal of the

suit.

The Trial Court is directed to dispose of the suit as

expeditiously as possible, not later than one year from the

date of receipt of copy of this order.

Parties are directed to co-operate for the early

disposal of the suit.

In view of disposal of appeal, all pending I.As. are

dismissed accordingly.

Sd/-

JUDGE

DM

List No.: 1 Sl No.: 33