ROCKY MUTHAPPA RAI Vs. ANURADHA MUTHAPPA RAI

JUDGEMENT

(1.) All these appeals by defendants 1 to 13 and others in O.S.No.3046/2020 are directed against the impugned order on I.A.No.1 passed by VII Addl.City Civil Judge, Bangalore, (for short the trial court ), whereby the said application filed by the respondent No.1 plaintiff for temporary injunction under Order 39 Rules 1 and 2 CPC restraining the appellants - defendants from alienating, transferring, encumbering or creating third party rights over the suit schedule properties pending disposal of the suit was allowed by the trial court.

(2.) The aforesaid suit in O.S.No.3046/2020 was filed by respondent No.1 plaintiff for partition and separate possession of her alleged 1/3rd share in the suit schedule properties and for other reliefs. It was her specific contention that she is the widow of late Muthappa Rai having married him on 27.11.2016 after the demise of his first wife Smt.Recca Rai, who expired in the year 2013. The defendants 1 and 2 are the only children (sons) of the deceased Muthappa Rai and his wife Recca Rai. It is contended that Muthappa Rai died intestate on 15.05.2020 leaving behind the plaintiff and defendants 1 and 2 to succeed to his estate as his heirs and legal representatives, each of them being entitled to 1/3rd share each in the suit schedule properties. It is also contended that for more than a year prior to his death, Muthappa Rai was suffering from several ailments including esophageal cancer on account of which, he expired on 15.05.2020. Upon his death, plaintiff requested and demanded the defendants 1 and 2 to effect partition and division of the suit schedule properties and since the defendants did not comply with the requests and demands of the plaintiff, the present suit was filed by her.

(3.) As stated above, the sons of late Muthappa Rai are arrayed as defendants 1 and 2. The defendants 3 to 13 are said to be Companies and Partnership Firms / LLPs that were promoted by him for his business needs and he held majority shares in each of the said entities. The defendants 14 to 17 are persons who had transactions with Muthappa Rai and in whose name, he had acquired certain properties and made investments in which also, the plaintiff is entitled to 1/3rd share after his demise. Putting forth the aforesaid contentions, the plaintiff filed the said suit seeking the aforesaid reliefs.