KODANDARAMA, S/O F.S. GOSEGOWDA AND SHRI LAKSHMISHA, S/O. G. KODANDARAMA Vs. SMT. K.S. KALPANA, W/O. LATE K. LOKANATH AND KUMARI DEEKSHA, D/O. LATE K. LOKANATH

JUDGEMENT

(1.) SRI Kodandarama - Petitioner No. 1 had two sons -Lakshmesha and late K. Lokanath. Respondent Nos. 1 and 2 / Plaintiffs are daughter in law and grand daughter of the 1st Petitioner. Respondents filed O.S.216/08 against the Petitioners seeking decree of permanent injunction in respect of the plaint schedule property. I.A.2 was filed along with the suit seeking an order of temporary injunction from disturbing their possession and enjoyment of the suit property. Petitioners who are the Defendants in the suit, have filed written statement and statement of objections to I.A. 2. The Trial Court, by an order dated 13/1/09, directed the parties to maintain status -quo of the suit properties till disposal of the suit. Aggrieved, the Plaintiffs filed Misc. appeal in the Court below. The appeal has been allowed and the Petitioners / Defendants have been restrained from interfering with the Plaintiffs' possession over the suit property, till the disposal of the suit. Feeling aggrieved, the Defendants have filed this writ petition.

(2.) SRI M.R. Rajagopal, learned Counsel appearing for the Petitioners contended that, the Court below has erred in allowing the appeal and in passing the impugned order without correctly taking into consideration the written statement and objections filed to I.A.2. Learned Counsel submits that, in view of the death of K. Lokenath on 7.2.07, his mother having survived, who died on 4.5.07, the Petitioners also have a right in the suit properties and hence, the order of temporary injunction passed is erroneous and illegal.

(3.) I have perused the writ petition papers.