IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.7565 OF 2024 (CPC)

BETWEEN:

1. SRI SHEKAR .H S/O. K.L. HUCHE GOWDA, AGED ABOUT 29 YEARS, R/AT NO.96/1, 7^TH CROSS, DOMLUR VILLAGE, BANGALORE-560 071.

2. SRI RAVI.H S/O. K.L.HUCHE GOWDA, AGED ABOUT 25 YEARS, R/AT NO.96/1, 7^TH CROSS, DOMLUR VILLAGE, BANGALORE-560 071. …APPELLANTS (BY SRI B.C. VENKATESH, ADVOCATE)

AND:

Digitally signed by MAHALAKSHMI B M

1. SMT. K.S. LAKSHMI Location: HIGH COURT OF D/O. K.L. HUCHE GOWDA, KARNATAKA AGED 19 YEARS, NO.8, OM SHRI SHIVALAYA, BEHIND UJALA FACTORY, MANGAMMANAPALYA ROAD, BANGALORE-560 068.

2. SRI R. MANJUNATH S/O. P.RAJU, AGED 26 YEARS, RESIDING AT NO.205/5, II BLOCK, BALAJI ROAD, THYAGARAJANAGAR, BANGALORE-560028.

3. SMT.JAYAMMA W/O. LATE K.L. HUCHEGOWDA, AGED ABOUT 59 YEARS, RESIDING AT KAVALAGUNDI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DIST-571418.

ALSO RESIDING AT: NO.522, ITI LAYOUT, NEAR HOSAPALYA, MANGAMMANAPALYA, BOMMANAHALLI, BANGALORE-560060.

4. SMT. RADHAMANI W/O. S. RAMEGOWDA, AGED ABOUT 31 YEARS, BOMMANAHALLI VILLAGE, BELLURU HOBLI, NAGAMANGALA TALUK, MANDYA DIST-571432.

5. SRI. B.S.GOWDAIAH S/O. H.L. SHIVARAMEGOWDA, AGED ABOUT 60 YEARS, RESIDING AT BRAHMIN STREET, BELLURU HOBLI, NAGAMANGALA TALUK, MANDYA DIST-71418. 6. SMT. T. RENUKA W/O. D.B. PARASHIVA, AGED ABOUT 36 YEARS, NO.359, TANK ROAD, NAGAMANGALA TOWN, MANDYA DIST-571432.

7. SRI P.RAJU S/O LATE PAPANNA, AGED ABOUT 60 YEARS, RESIDING AT NO.205/5, II BLOCK, BALAJI ROAD, THYAGARAJANAGAR, BANGALORE-560028. …RESPONDENTS (BY SRI HARISH T., ADVOCATE FOR SRI SHANKAR H.C., ADVOCATE)

THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 13.08.2024 PASSED ON I.A. NO.35 IN O.S.NO.1747/2007 ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING I.A.NO.35 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

This Miscellaneous First Appeal is preferred by the plaintiffs assailing the Order dated 13.08.2024 on I.A.No.35 in O.S.No.1747/2007 on the file of the Principal City Civil and Sessions Judge at Bengaluru (‘Trial Court’ for short), whereby the application filed by the plaintiffs under Order XXXIX Rules 1 and 2 CPC seeking temporary injunction restraining defendant Nos.1 and 3 to 6 from alienating the schedule-B properties came to be rejected.

2. Heard learned counsel for the appellants and the learned counsel for the respondents.

3. The plaintiffs instituted a suit for partition and separate possession in respect of the suit schedule-‘A’ and ‘B’ properties. During the pendency of the suit, the plaintiffs’ filed I.A.No.15 seeking amendment of plaint by adding additional Item Nos.1 to 11 as schedule-‘B’ properties of the plaint. The defendants did not file any objections. The Trial Court, by an order dated 25.10.2013, allowed I.A.No.15 and permitted the plaintiffs to add Item No.1 to 11 as schedule-‘C’ properties to the plaint. During the pendency of the suit, the plaintiffs and defendants Nos.1, 1(b), 2, 2(b), 3, 3(a), 3(b), 4 and 6 have entered into a compromise in respect of the original plaint schedule-‘B’ properties and plaint schedule-‘C’ properties have been renumbered as schedule-‘B’ properties. During the pendency of the suit, the plaintiffs filed I.A.No.35 under Order XXXIX Rule 1 and 2 CPC seeking temporary injunction restraining defendant Nos.1 and 3 to 6 from alienating or encumbering the suit schedule-‘B’ properties.

Defendant Nos.1 and 3 filed objections to I.A.No.35.

4. The Trial Court upon consideration of the material on record observed that the suit filed by the plaintiffs was of the year 2007 and the present application was filed in the year 2022. Any alienation during the pendency would be governed by Section 52 of the Transfer of Transfer of Property Act, 198