SARADAR AKBAR JAMADAR Vs. KHUTABUDDIN AKBAR JAMADAR

JUDGEMENT

(1.) Learned counsel for the appellant submits that respondent No.1 has expired. He, however, submits that since the legal heirs of respondent No.1 are brought on record before the trial Court, there is no impediment to take up this appeal for disposal.

(2.) Defendant No.1 in O.S.No.155/2004 on the file of the Senior Civil Judge, Chikodi has filed this appeal challenging an order granting interim injunction restraining defendant No.1 from receiving sugarcane bill sent to Shri Datta Shetakari Sahakari Sakhare Karkhana Limited of Kunnur village till the disposal of the suit.

(3.) The suit in O.S.No.155/2004 was filed for partition and separate possession of the plaintiff's share in the suit schedule properties. The plaintiff claimed that the suit properties was owned and possessed by the propositus of the family of the plaintiff and defendants and after his death, plaintiff and defendants had jointly succeeded to the suit properties. The plaintiff contended that their brother Abbas separated himself from the family and that the plaintiff and defendants continued to be tenants in common and that they had laid pipeline to draw water to the land from Doodganga river. The plaintiff claimed that there was no partition amongst them and that they are in joint possession of the suit properties. The plaintiff alleged that since relationship amongst them was strained, the plaintiff sought for partition of his share in the suit schedule properties.