D.N. NAGESH S/O D.S. NANJUNDAIAH Vs. D.S. NANJUNDAIAH S/O SRIKANTHEGOUDA (SINCE DEAD, REPRESENTED BY L.RS. D.N. NANDA W/O SRIKANTHAIAH AND OTHERS) AND OTHERS

JUDGEMENT

(1.) THE respondent No. 1/Defendant No. 1 filed an application seeking permission to sell his share of property in order to celebrate the marriage of his daughter in a suit filed for partition and separate possession by the respondents/plaintiff. The trial Court by the impugned order permitted the respondent No. 1/defendant No. 1 to sell his share of the property m Survey No. 748/2 to the extent of 45 guntas and in Survey No. 1316/C2 and 1316 to the extent of 3 acres 22 guntas and was also directed to furnish accounts with regard to the expenses of marriage and also the sale of the properties and its sale consideration Hence the present petition by the plaintiff.

(2.) THE learned Counsel appearing for the petitioner contends that the impugned order is bad in law and is liable to be set aside. He submits that the share of the defendant No. 1 alone could be permitted to be sold and not the other extent of lands, since the suit for partition and separate possession is still pending.

(3.) HEARD Counsels.