This appeal by the plaintiff in O.S. No.87/2022 is directed

against the impugned order dated 19.10.2022 passed by the

Senior Civil Judge and JMFC, Shidlaghatta, whereby, the Trial

Court passed an order of temporary injunction against respondent

Nos.1 to 4/defendant Nos.1 to 4 in respect of all the suit schedule

properties except item Nos.1, 10, 12, 16, 17, 18, 19 and 24 and

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vacated the exparte order of temporary injunction in relation to the

said item Nos.1, 10, 12, 16, 17, 18, 19 and 24 by allowing the

application filed by respondent No.5/defendant No.5 under Order

39 Rule 4 of CPC.

The

material

on

record

discloses

that

the

appellant/plaintiff had instituted the aforesaid suit for partition and

separate possession of the alleged share in the suit schedule

properties and for other reliefs.

It is undisputed fact that respondent Nos.1 to 4 are the

siblings of the appellant/plaintiff while respondent No.5 is said to

have purchased item No.19 of the suit schedule property vide

registered Sale Deed dated 08.04.2022, said to have been

executed by respondent No.1/defendant No.1 and his family

members. In the said suit, the appellant/plaintiff filed an

application-I.A.No.1 seeking exparte order of temporary injunction

restraining respondent Nos.1 to 4 from alienating or encumbering

or creating third party rights over the suit schedule properties. In

the first instance, the Trial Court passed an ad-interim exparte

order of temporary injunction in favour of the plaintiff in respect of

the suit schedule properties. Subsequent to respondents entering

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appearance, respondent No.5/defendant No.5 filed an application

under Order 39 Rule 4 of CPC seeking vacating of the exparte

order of temporary injunction in respect of item No.19 of the suit

schedule property, which is said to have been purchased by him

vide registered Sale deed dated 08.04.2022 referred to supra.

Both I.A.No.1 and application filed by respondent

No.5/defendant No.5 having been taken up together by the Trial

Court, the Trial Court proceeded to pass the impugned order

granting the order of temporary injunction in relation to all the suit

schedule properties except item Nos.1, 10, 12, 16, 17, 18, 19 and

24, till the disposal of the suit. Aggrieved by the impugned order

passed by the Trial Court not granting the temporary injunction in

respect of the aforesaid items, the appellant is before this Court by

way of present appeal.

In this context, it is relevant to state that insofar as

order of temporary injunction passed in respect of other suit

schedule properties are concerned, the defendants have not

chosen to challenge the impugned order passed by the Trial Court.

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6.

A perusal of the material on record including the

impugned orders clearly indicate that there are several contentious

issues urged and disputed/complicated questions of law and fact

that arise for consideration between the parties in relation to all the

suit schedule properties, which would necessarily have to be

decided only after a full-fledged trial. However, it is not in dispute

that respondent No.5/defendant No.5 had purportedly purchased

item No.19 of the suit schedule property on 08.04.2022 i.e., prior to

the suit having been filed on 13.04.2022. Under these

circumstances, I deem it just and appropriate to set-aside the

impugned order passed by the Trial Court and restrain all the

defendants from alienating or encumbering or creating any third

party rights over the suit schedule properties except making an

interim arrangement in relation to item No.19 of the suit schedule

property as claimed by respondent No.5/defendant No.5 by issuing

certain directions in this regard.

7.

In the result, I pass the following:

ORDER

i.

The appeal is partly allowed.

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ii.

Impugned order dated 19.10.2022 is hereby

modified.

iii.

Respondents/defendants are directed not to

alienate, encumber or create third party rights over item

Nos.1 to 18 and 20 to 27, till the disposal of the s