GOVINDA SWAMY, SINCE DEAD REPRESENTED BY (SMT. SHANTHAMMA W/O LATE GOVINDA SWAMY AND OTHERS) AND TIPPAMMA W/O NARAYANASWAMY Vs. SMT. KAMALAMMA W/O LATE PAPANNA, SMT. INDRAMMA W/O K.V. MANJUNATHA AND SMT. SAROJAMMA W/O SATYANARAYANA

JUDGEMENT

(1.) THIS writ petition is filed by the defendants in the Trial Court challenging the order of temporary injunction granted against them not to alienate or encumber the suit schedule property.

(2.) RESPONDENTS herein have filed the suit for partition. Along with the plaint they have filed an application seeking temporary injunction to restrain the defendants -petitioners herein from in any manner alienating or encumbering the suit schedule property. The Trial Court, upon hearing the parties and on consideration of the materials on record, granted an order of temporary injunction. Aggrieved by the same, petitioners herein preferred Miscellaneous Appeal in MA No. 18/2009. The said appeal has been dismissed by order dated 15.12.2009. Aggrieved by the same, petitioners are before this Court in this writ petition.

(3.) LEARNED Counsel for the respondents strongly supports the findings recorded by both the Courts below with regard to the prima facie case made out and the balance of convenience and as also the irreparable injury which would result to the plaintiffs, if no interim order of injunction was granted.