H. N. CHANDRASHEKAR Vs. H. N. GURURAJANNA

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(r) of CPC is filed by the plaintiffs in O.S.No.1243/2023 before the Prl. Senior Civil Judge, Bengaluru, challenging the order dtd. 21/7/2023, whereby the Trial Court has refused to grant an exparte temporary injunction.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) The plaintiffs filed the suit before the Trial Court for partition and separate possession. Along with the suit, the plaintiff filed I.A.No.3 under Order 39 Rules 1 and 2 of CPC seeking an ad-interim exparte order of temporary injunction restraining the defendants from alienating or encumbering the suit schedule property pending disposal of the suit. The Trial Court by impugned order dtd. 21/7/2023 issued emergent notice on I.A.No.3 and suit summons to defendants and refused to grant an exparte temporary injunction. Being aggrieved by the same, the plaintiffs have filed this appeal.