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2022 Supreme(Online)(Kar) 37473

HIGH COURT OF KARNATAKA
ASHOK S.KINAGI
SHRI. M KRISHNAPPA – Appellant
Versus
SMT. B S MANJULA – Respondent


The appellants being aggrieved by the order on

I.A.No.II

dated

28.5.2021

passed

in

O.S.No.4321/2020 by the LXIV Additional City Civil

and Sessions Judge CCH-65 Bengaluru have filed this

appeal.

2. Brief facts leading rise to filing of this appeal

are as under:

Respondent

No.1

filed

a

suit

in

O.S.No.4321/2020 seeking for the relief of partition

and separate possession of her 1/6th share in the suit

schedule property and also sought for declaration that

the compromise decree dated 20.9.2010 passed in

O.S.No.4272/2009 is not binding on respondent No.1

4

in the suit schedule property. In the said suit,

respondents appeared and filed written statement.

Later, respondent No.1 herein has filed an application

in I.A.II seeking for an order of temporary injunction

against the appellants restraining them from changing

the nature and character of the suit schedule

properties.

In support of the application, respondent No.1

has filed an affidavit stating that respondent No.1 and

other respondents are the members of the Hindu

undivided

joint

family

governed

by

the

Hindu

Mithakshara school of law. During the life time, their

father acquired the suit properties under registered

partition dee

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