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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