DATED

22.01.2020,

PASSED

IN

O.S.NO.120/2019 ON THE FILE OF THE II ADDITIONAL

SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,

BELAGAVI, DISMISSING THE IA NO.I FILED U/O. 39 RULE 1

AND 2 R/W SEC.151 OF CPC, 1908.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

Appellant being the plaintiff in OS No.120/2019 on the file

of II Addl. Senior Civil Judge and CJM, Belagavi is impugning

the order dated 22.01.2020 dismissing IA No.1 filed under

Order 39 Rule 1 and 2 r/w Section 151 of CPC, seeking ad-

interim order of temporary injunction restraining defendant

Nos.1 and 3, their agents servants etc. from alienating the suit

properties in any manner, pending disposal of the suit.

2.

Parties shall be referred to as per their ranking before

the trial Court.

3.

Brief facts of the case are that the plaintiff filed the suit

in OS No.120/2019 against defendant Nos. 1 to 3 seeking the

declaration that (i) the plaintiff is Class-I legal heir of deceased

Sagar Sambhaji Patil who is entitled to succeed to the suit

schedule properties, (ii) the surviving membership certificate

dated 13.02.2019 obtained by defendant No.2 showing the

names of defendant Nos.1 and 2 as the legal heirs is illegal and

not binding the plaintiff, (iii) to declare that the release deed

dated 02.02.2012 executed by late Sagar Sambhaji Patil in

favour of defendant No.1 is null and void as the same was

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obtained by playing fraud, (iv) to declare that the registered

gift deed dated 11.03.2019 executed by defendant No.1 in

favour of defendant No.3 is null and void and not binding on

the plaintiff, (v) to award the share in the suit schedule

properties in favour of plaintiff and (vi) to restrain the

defendants from interfering with the possession and enjoyment

of the plaintiff.

4.

It is contended that Sagar Sambhaji Patil is the husband

of the plaintiff and he died on 03.12.2018. During his life time,

he executed the registered release deed in respect of the

schedule property on 02.02.2012 releasing his right over all the

suit schedule properties in favour of defendant No.1 who is his

father. Defendant No.2 claims to be the second wife of late

Sagar Sambaji Patil and defendant No.3 is said to be the 3rd

wife of defendant No.1.

5.

It is contended that defendant No.1 having complete

control over his son late Sagar Sambhaji Patil managed to get

register the release deed in respect of the schedule properties.

He died in a suspicious manner on 03.12.2018 as his body was

found about 20 mtrs away from the railway track. Later

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plaintiff came to know that defendant No.1 concocted the

release deed in his favour. In the meantime, defendant No.1

married defendant No.3 and executed the registered gift deed

dated 11.03.2019 in her favour only to defeat the rights of the

plaintiff. Therefore, it is contended that late Sagar Sambhaji

Patil has never executed the registered sale deed in favour of

defendant No.1 and execution of the gift deed in favour of

defendant No.3 is not binding on her. She being the wife of late

Sagar Sambhaji Patil entitled for her legitimate share in all the

properties which stood in the name of her husband.

6.

During the pendency of the suit, IA No.1 is filed under

Order 39 Rule 1 and 2 CPC praying for grant of injunction

restraining defendant No.3 from alienating the schedule

properties in favour of any third party till disposal of the suit.

7.

Defendant No.3 filed the written statement and

objections to IA No.1, denying the contention taken by the

plaintiff. The description of the suit properties is denied. It is

admitted that Sagar Sambhaji Patil has executed the registered

release deed dated 02.02.2012 in favour of defendant No.1 and

in turn defendant No.1 executed a registered gift deed in favour

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of defendant No.3. Other allegations made by the plaintiff to

seek declaration in respect of the schedule properties are all

denied. It is contended that the release deed executed by

Sa