TO

STAY

THE

OPERATION AND EXECUTION OF THE ORDERS PASSED BY

THE LEARNED ADDL. CIVIL JUDGE AND JMFC, TARIKERE

IN O.S.140/2013 DATED 1.3.2016 AT ANNEX-D AND ALSO

THE ORDERS PASSED BY THE LEARNED SR. CIVIL JUDGE,

TARIKERE IN M.A.7/2016 DATED 24.01.2018 AT ANNEX-F.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The captioned writ petition is filed by the

unsuccessful defendant questioning the concurrent

orders passed by the Courts below on an application

filed by the respondent/plaintiff under Order 39 Rule 1

and 2 of CPC.

2. The respondent/plaintiff has instituted the suit for

injunction simplicitor in O.S.No.140/2013 and filed

3

I.A.No.1 seeking interim injunction. To substantiate

his claim in support of averments made in I.A.1/2018,

the plaintiff has relied on registered settlement deed

registered by his father and has also produced a

certified copy of mutation effected pursuant to the

execution of settlement deed by respondent/plaintiff

and present petitioner/defendant's father. The Trial

Court

having

examined

prima-facie

material,

exercised its judicial discretion and has granted

interim

injunction

restraining

the

present

petitioner/defendant from interfering with the peaceful

possession and enjoyment over the suit schedule

properties. Against the said order, the defendant

preferred an appeal before the Lower Appellate court

in M.A. No.07/2016. The Appellate Court having

examined the order under challenge and also prima-

facie material, has concurred with the discretion

4

exercised by the Learned Trial Judge while granting

interim injunction in favour of respondent/plaintiff.

3.

It is against this concurrent order on an

application filed under Order 39 Rule 1 and 2 of CPC,

the petitioner/defendant is before this Court.

4.

Learned counsel for the petitioner/defendant

would vehemently argue and contend that the order

passed by the Court below on an application under

Order 39 Rule 1 and 2 of CPC suffers from perversity

and this Court needs to interfere as Courts below have

not exercised discretion judiciously while granting

interim injunction in favour of respondent/plaintiff. He

would further contend that admittedly, the suit

schedule property is a joint family property and

therefore, the father of the respondent/plaintiff had no

absolute right to execute a settlement deed. He would

also contend that post granting interim injunction

5

during the pendency of the suit, plaintiff has alienated

the suit property to the 3^rd party. He would also fairly

submit that the present petitioner/defendant has filed

a comprehensive suit for partition and separate

possession in O.S.61/2015 and same is pending for

consideration. He would further fairly submit that in

the present suit, both the parties have lead in

evidence and also adduced documentary evidence and

the trial is almost completed.

5.

Heard learned counsel for the petitioner. Perused

the order under challenge.

6.

Plaintiff is asserting exclusive possession over

the suit schedule properties on the basis of a

registered settlement deed dated 16.03.2011. To

show that plaintiff is in lawful possession, he has also

placed reliance on mutation register extract bearing

6

No.8/2010-11. Both the Courts having verified prima-

facie material have proceeded to exercise discretion in

favour of respondent/plaintiff and granted injunction

restraining the petitioner/defendant from interfering

with the plaintiff's possession over the suit schedule

property.

6.

I have given my anxious consideration and I

have also meticulously examined the orders under

challenge. The contention of learned counsel for the

petitioner/defendant that the settlement deed dated

16.03.2011 is not binding on petitioner/defendant,

cannot be considered at this juncture. Admittedly, the

registered

document/settlement

deed

is

dated

16.03.2011. Pursuant to execution of the said

registered

settlement

deed

dated

16.03.2011,

mutations are effected. The contention of defenda