IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 3329 OF 2025 (CPC)

BETWEEN:

SRI. YATHIEVENDRA NAIK @ YATHISH S/O LATE SRI. M.N. NARASIMHAMURTHY NAIK @ M.N. MURTHY NAIK AGED ABOUT 47 YEARS R/AT SUPARTHA APARTMENT NO.146/8, 5^TH CROSS ROAD RAJMAHAL EXTENSION ARAMANENAGARA BANGALORE-560 080 …APPELLANT (BY SRI. MADHUKUMAR M.D, ADVOCATE)

AND:

Digitally signed 1. SRI. T.M. YATHINDRA by ANJALI M S/O M.N. NARASIMHAMURTHY NAIK Location: High Court of @ M.N. MURTHY NAIK Karnataka AGED ABOUT 20 YEARS R/AT NO.269/A, 8^TH MAIN KANVA SREE SAI HOSPITAL RAJEEV GANDHI NAGAR BANGALORE- 560 096

2. SMT. B. MANJULA W/O. M.N. NARASIMHAMURTHY NAIK @ M.N. MURTHY NAIK AGED ABOUT 45 YEARS R/AT NO.269/A, 8^TH MAIN KANVA SREE SAI HOSPITAL RAJEEV GANDHI NAGAR BANGALORE- 560 096

3. MASTER T.M. LOHITH S/O M.N. NARASIMHAMURTHY NAIK @ M.N. MURTHY NAIK AGED ABOUT 12 YEARS R/AT NO.269/A, 8^TH MAIN KANVA SREE SAI HOSPITAL RAJEEV GANDHI NAGAR BANGALORE- 560 096 REPRESENTED BY THE NATURAL MOTHER NAMELY SMT. B. MANJULA

4. SRI. CHANDRASHEKAR NAIK S/O M.N. NARASIMHAMURTHY NAIK @ M.N. MURTHY NAIK AGED ABOUT 45 YEARS R/AT NO.285/13, 5^TH MAIN OPP.TIBETIAN HOSPITAL MAHALAKSHMI LAYOUT BANGALORE- 560 079 5. SMT. ASHA RANI D/O M.N. NARASIMHAMURTHY NAIK @ M.N. MURTHY NAIK AGED ABOUT 43 YEARS R/AT NO.4, K.H.B. COLONY 80 FEET ROAD, 2^ND STAGE BASAVESHWARANAGAR BANGALORE-560 070 …RESPONDENTS (BY SRI. B. LINGARAJU, ADVOCATE FOR R1;

VIDE ORDER DTD.09.06.2025 NOTICE TO R2 TO R5 IS DISPENSED WITH)

THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 21.4.2025 PASSED ON I.A.NO.1 IN OS.NO. 1315/2025 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.2), ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.

THIS MFA HAVING BEEN RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT, DELIVERED/PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

CAV JUDGMENT

(PER: HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR) This Misc.First Appeal is filed under Order 43 Rule

1(r) of the CPC, 1908 challenging the order dated 21.4.2025 passed by the I Addl.City Civil & Sessions Judge, Bengaluru in OS No.1315/2025 whereby, the learned trial Court allowed I.A.No.1 filed by the plaintiff under Order 39 Rule 1 and 2 of CPC and granted an order of temporary injunction `restraining defendants nos. 3 to 5 from alienating or creating any charge over the suit schedule properties pending disposal of the suit'.

2. The appellants being defendant nos. 3 to 5 in the original suit stated supra, now have questioned the correctness, legality and sustainability of the impugned order contending that, the injunction was granted without the plaintiff establishing a prima facie right over the suit schedule properties thereby, resulting in miscarriage of justice.

3. The factual background as submitted by the learned counsel for the appellant reveals that, the plaintiff filed the suit seeking relief of declaration that, the registered partition dated 24.8.2017 is not binding on him and he has claimed 1/5^th share in the suit schedule property. The plaintiff asserts that, he is the son of late L.N.Narasimha Murthy Naika and defendant no.1, who according to him, was a second wife of the deceased. It is his case that, the deceased had acquired several immovable and movable properties during has lifetime including business establishment which are jointly referred to A and B Schedule properties. The plaintiff alleged that, the registered partition deed was executed behind his back and without the knowledge or consent of himself or mother, brother defendant no.2 and the said partition suit is not binding on him. The application for temporary injunction was filed on the allegation that, defendant nos.3 to 5 are making attempts to alienate the suit properties, which would defeat the claimant's claim in the event he were to succeed in the suit.

4. The d