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2022 Supreme(Online)(Kar) 167

KARNATAKA HIGH COURT
Sreeniwas Harish Kumar, J.
Vijayalaxmi Chandrashekara Gowda v. Chandrashekara Gowda


1. This appeal is filed by the defendant in O.S.No.29/2021 on the file of Prl. Sr. Civil Judge, Puttur. The appellant has questioned the correctness of the order dated 18.11.2021 on I.A.2.

2. I.A.2 is an application filed by the respondent under Order XXXIX, R.1 and R.2, CPC being the plaintiff in the suit for restraining the appellant - defendant from alienating plaint 'A' and 'B' schedule properties. The respondent is the husband of the appellant and it is his case that he purchased plaint 'A' and 'B' schedule properties in the name of his wife when he was serving in Indian Army as a Subedhar. He borrowed money from a bank for purchasing one of the properties and that he himself was repaying the loan though the loan was obtained in the name of his wife. When he learnt that the appellant was about to sell away the properties, he brought the suit claiming declaration of title over the properties and ancillary relief of permanent injunction. Along with the plaint, he made an application for temporary injunction to restrain the appellant from alienating the properties and as it stood allowed by the impugned order, this appeal has been preferred by the defendant.

3. The appellant does













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