(1.) The appellant is the first defendant in O.S.No.25194/2020 on the file of the LXXIV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru ([for short, 'the civil Court']. The civil Court by this impugned order dtd. 2/2/2022 has allowed the plaintiff - first respondent's application [I.A. No.1] under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [for short, 'the CPC'] restraining the appellant from alienating or encumbering the two immovable properties mentioned in the plaint for a period of six months while also directing the parties to co-operate with the Court for early disposal.
(2.) The relationship amongst the parties is not disputed. The appellant is the son of Sri Nagappa through his first wife Smt. Rathnamma and the second respondent is his second wife and the first respondent is their daughter. The first respondent has filed the suit in O.S.No.25194/2020 for declaration that she has a full legitimate share in suit schedule 'A' property and one-third undivided share in suit schedule 'B' property and for partition of these two properties by metes and bounds as also for declaration that Gift Deed dtd. 4/4/2015 executed in favor of the appellant by his mother - Smt. Rathnamma is not binding on her.
(3.) It is undisputed that the suit schedule 'A' property is purchased in the joint names of Sri Nagappa and Smt.Rathnamma. However, the controversy is because of the rival claims between the appellant and the first respondent. The first respondent contends that this property, though purchased in the joint names, Sri Nagappa absolutely owned the same and as such, he has executed his last Will and Testament dtd. 9/3/2018 bequeathing this property in her favor. The appellant contends that Smt.Rathnamma purchased this property from out of the sale proceeds received by the sale of her property and she has executed the impugned Gift Deed dtd. 4/4/2015 in his favor.