The dispute in O.S. No.62/2021 on the file of the

I Additional Senior Civil Judge, Chikkamagaluru [for

short, 8the civil Court9] is between an estranged couple,

their minor son, and the parents of the husband. The

suit is filed by the minor son and the wife for partition

of

different

listed

agricultural

properties

in

Chikkamagaluru District and a residential property in

Chikkamagaluru City. The plaintiffs have also listed

certain movable assets. The wife has asked for

maintenance and charge on the properties.

The civil Court, by its order dated 29.07.2021, has

restrained the husband, his parents and the purchaser

of one of the suit schedule properties [item No.5] from

alienating the same during the pendency of the suit

considering the application for temporary injunction

and the application filed for vacating the ex parte order

of injunction [I.A. Nos.1 and 4].

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The appellants' grievance with the grant of

temporary injunction at the instance of the minor son is

because they contend that the subject properties are

neither joint family nor ancestral properties and these

properties

are

their

self-acquired

properties

and

therefore, even the minor son cannot assert any interest

therein. Insofar as the grant of temporary injunction at

the instance of the wife, it is their grievance that she

must file a suit for maintenance before the concerned

family Court and she cannot agitate for any right in the

present suit before the civil Court. The civil Court has

opined that whether the subject properties are self

acquired properties of the appellants or not would be a

matter of trial and therefore there must be an interim

order.

It is now submitted in unison that given the

constraints pleaded by the appellants viz., financial

distress because of losses in business, the appellants

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could be permitted to sell the suit schedule properties

[Item Nos.1-4] subject to deposit of 25% of the sale

proceeds received with the civil Court for ultimate

decision after trial. This unanimous submission, in the

facts and circumstances of the case, must be accepted

as reasonable and is therefore accepted. Hence, the

following:

O R D E R

[a]

The appeal is disposed of.

[b]

The impugned order dated 29.07.2021

[on I.A. Nos.1 and 4] in O.S. No.62/2021 of

the

I

Additional

Senior

Civil

Judge,

Chikkamagaluru is modified permitting the

appellants, if they so propose, to sell suit

schedule properties [item Nos.1-4] but on

the condition that they shall ensure that the

purchasers of each of these properties

deposit 25% of the finalized sale price with

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the civil Court even before the sale deed is

executed. The amount deposited shall be

invested with the Nationalized Bank in

Chikkamagaluru with necessary instructions

for timely renewal subject to the final

decision in the suit.

SD/-

JUDGE

AN/-