GEETABAI RADHABAI Vs. KRISHNAGOUDA

JUDGEMENT

(1.) The appellant in Miscellaneous First Appeal No.100477 of 2021 being the plaintiff in O.S.No.286 of 2019 on the file of Additional Senior Civil Judge and JMFC at Mudhol, (hereinafter referred to as 'the Trial Court') is impugning the order dtd. 17/4/2021 passed in the said suit on IA No.4 filed under Order XXXIX Rules 1 and 2 read with Sec. 151 of CPC, whereunder, the said application filed by respondent Nos.1 to 5 who were defendant Nos.1 to 5 in the suit came to be allowed, as a result of which, the plaintiff and defendant Nos.6 to 10 were temporarily restrained from causing damages to the crop standing in the land bearing R.S.Nos.55, 59, 60/1 and 60/3 situated at Melligeri Village, and obstructing the enjoyment of said lands by defendant Nos.1 to 5, till further orders. The appellants in Miscellaneous First Appeal No.100500 of 2021 being defendant Nos.6 and 7 are impugning the very same order passed by the Trial Court.

(2.) Brief facts of the case are that, the appellant in Miscellaneous First Appeal No.100477 of 2021 filed the suit in O.S.No.286 of 2019 before the Trial Court against defendant Nos.1 to 10 seeking a decree declaring that she is having 1/4th share in the suit schedule properties and for partition and separate possession of her share and also for a consequential relief of restraining the defendants permanently from obstructing the plaintiff's peaceful possession and enjoyment of the properties.

(3.) It is contended by the plaintiff before the Trial Court that deceased Mallappa @ Mallanagounda and deceased Bhagirathi are her parents. Defendant Nos.1 and 6 are her brothers and defendant No.10 is her sister. The propositus Mallanagouda died during 2012 and Bhagirathi had pre-deceased him as she died in the year 2004. Plaintiff and defendants are the members of Hindu undivided joint family and they are in joint, peaceful possession and enjoyment of the suit schedule properties, which are described in Schedules B to F. The plaintiff and defendant Nos.1, 4 to 6 and 10 being the class-I heirs of the propositus, are having 1/4th share each in the schedule properties.