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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 18^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

MFA.NO.100323/2020 (CPC)

BETWEEN

1 .

SHRI. PRABHAKAR S/O. GANGADHAR VAJANTRI

AGE: 62 YEARS, OCC: AUTO DRIVER,

R/O: CTS NO.4022/3,GANACHARI GALLI,

KAKATIVES, BELAGAVI-590001

2 .

SMT. GOURABAI @ ANNAPURNA

W/O. PRABHAKAR VAJANTRI

AGE: 57 YEARS,OCC: HOUSEHOLD,

R/O: CTS NO.4022/3,GANACHARI GALLI,

KAKATIVES, BELAGAVI-590001

...APPELLANTS

(BY SMT.SUNANDA P.PATIL, ADV.)

AND

1 . SHRI. PRASHANT

S/O PRABHAKAR VAJANTRI

AGE: 33 YEARS, OCC: BUSINESS,

R/O: CTS NO.4026/1B,GANACHARI GALLI,

KAKATIVES, BELAGAVI-590001

2 . SMT. GAYATRI W/O. SHEETAL GADVI

AGE: 42 YEARS,OCC: HOUSEHOLD,

R/O: BHADAGAON-416502,

TALUKA: GADHINGLAJ,

DIST: KOLHAPUR,MAHARASTRA STATE

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3 . SMT. RENUKA W/O. RAJKUMAR DODAMANI

AGE: 37 YEARS,OCC: HOUSEHOLD,

R/O: BHADAGAON-416502,

TALUKA: GADHINGLAJ,DIST: KOLHAPUR,

MAHARASTRA STATE

4 . SHRI SUDHIR S/O GAJANAN PATIL

AGE: 48 YEARS,OCC: AGRICULTURE,

R/O: NARAYAN GALLI,KANGRALI-590010

TALUKA and DIST: BELAGAVI

5 . SHRI DEEPAK S/O GAJANAN PATIL

AGE: 44 YEARS,OCC: AGRICULTURE,

R/O: NARAYAN GALLI, KANGRALI-590010

TALUKA and DIST: BELAGAVI

6 . SHRI. MALLAPPA S/O BHAVAKU PATIL

AGE: 52 YEARS, OCC: AGRICULTURE,

R/O: NARAYAN GALLI,KANGRALI-590010

TALUKA and DIST: BELAGAVI

7 . SHRI SHANKARANAND

S/O KADAPPA JOGIN

AGE: 48 YEARS, OCC: BUSINESS,

R/O: SAMBHAJI GALLI,KHASBAG-590003

TALUKA and DIST: BELAGAVI

RESPONDENTS

(BY SRI.R.M.KULKARNI, ADV. FOR R1,

SRI.RAVI BALIKAI, ADV. FOR R4 TO 6,

NOTICE TO R3 & R7 DISPENSED WITH)

THIS APPEAL IS FILED U/O XLIII RULE 1(r) R/W SETION 104 OF

CPC PRAYING TO SET ASIDE THE ORDER DATED 05.11.2019 PASSED

BY THE IV ADDITIONAL SENIOR CIVIL JUDGE & JMFC, BELAGAVI IN

O.S.NO.333/2018 ON I.A.NO.I AND ALLOW THE APPEAL WIT COSTS

THROUGHOUT BY DISMISSING I.A.NO.I IN O.S.NO.333/2018 ON THE

FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE & JMFC, BELAGAVI.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT

DELIVERED THE FOLLOWING:

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JUDGMENT

Appellant Nos.1 and 2 who are defendant Nos.1 and 2 in

O.S.No.333/2018 on the file of the IV Additional Senior Civil

Judge & JMFC, Belagavi approached this court being aggrieved

by the impugned order dated 05.11.2019 passed on I.A.No.I

filed by the plaintiff/respondent No.1 under Order XXXIX Rule 1

and 2 of CPC where under temporary injunction is granted

restraining the appellants from alienating/altering the suit

schedule properties till disposal of the suit.

2.

The brief facts of the case are that, respondent No.1

being plaintiff filed the suit for partition and separate possession

of his share in the suit schedule property. During the pendency

of the suit, the plaintiff filed I.A.No.I under Order XXXIX Rule 1

and 2 of CPC praying for temporary injunction restraining the

defendants from alienating/altering the nature of the suit

schedule properties bearing CTS Nos.4022/3B, 4026/1B and

Sy.No.291 of Kakatives, Belagavi in favour of any third party, till

disposal of the suit. The said application was considered by the

trial court and vide order dated 05.11.2019, I.A.No.I was

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allowed restraining the defendants by means of a temporary

injunction from alienating/altering the nature of the suit

schedule properties in favour of anybody, in any mode or

manner, till disposal of the suit.

3.

Being aggrieved by the said order passed by the trial

court, the appellants are before this court.

4.

Heard the learned counsel Smt.Sunanda P.Patil for

the appellants, learned counsel Sri.R.M.Kulkarni for respondent

No.1. and learned counsel Sri.Ravi Balikai for respondent Nos.4

to 6.

5.

The learned counsel for the appellants submitted

that, plaintiff filed I.A.No.I in O.S.No.333/2018 against the

appellants

and

other

defendants

restraining

them

from

alienating/altering the nature of the suit