LAWS(KAR)-2023-6-362

B.N. RAVIKUMAR Vs. B.N. GAJENDRA

Decided On June 23, 2023
B.N. Ravikumar Appellant
V/S
B.N. Gajendra Respondents

JUDGEMENT

(1.) This appeal is filed challenging the order dtd. 12/9/2022 passed on I.A.No.1 in O.S.No.365/2021 on the file of the I Additional Senior Civil Judge and JMFC, Nelamangala.

(2.) This appeal is listed for admission. Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the plaintiff before the Trial Court that the property belongs to the family of the plaintiff and defendants and the plaintiff has filed the suit for the relief of partition and separate possession of the suit schedule properties and also filed an application praying to restrain defendant No.2 from alienating the suit schedule properties and the Trial Court at the first instance granted exparte temporary injunction and thereafter the appellant herein who is defendant No.2 appeared before the Trial Court and filed the written statement and adopted the same as objection to I.A.No.1 and steps was not taken against defendant No.1 who is the father of the plaintiff and defendant No.2 hence, interim order was extended. Thus, an application was filed in I.A.No.4 under Sec. 151 of CPC and objections to I.A.No.4 also filed but the Trial Court passed an order on I.A.No.1 and hence, the present appeal is filed challenging the order passed on I.A.No.1.