SHEETAL Vs. SAMBHAJI

JUDGEMENT

(1.) Appellant being the plaintiff in OS No.120/2019 on the file of II Addl. Senior Civil Judge and CJM, Belagavi is impugning the order dtd. 22/1/2020 dismissing IA No.1 filed under Order 39 Rule 1 and 2 r/w Sec. 151 of CPC, seeking ad- interim order of temporary injunction restraining defendant Nos.1 and 3, their agents servants etc. from alienating the suit properties in any manner, pending disposal of the suit.

(2.) Parties shall be referred to as per their ranking before the trial Court.

(3.) Brief facts of the case are that the plaintiff filed the suit in OS No.120/2019 against defendant Nos. 1 to 3 seeking the declaration that (i) the plaintiff is Class-I legal heir of deceased Sagar Sambhaji Patil who is entitled to succeed to the suit schedule properties, (ii) the surviving membership certificate dtd. 13/2/2019 obtained by defendant No.2 showing the names of defendant Nos.1 and 2 as the legal heirs is illegal and not binding the plaintiff, (iii) to declare that the release deed dtd. 2/2/2012 executed by late Sagar Sambhaji Patil in favour of defendant No.1 is null and void as the same was obtained by playing fraud, (iv) to declare that the registered gift deed dtd. 11/3/2019 executed by defendant No.1 in favour of defendant No.3 is null and void and not binding on the plaintiff, (v) to award the share in the suit schedule properties in favour of plaintiff and (vi) to restrain the defendants from interfering with the possession and enjoyment of the plaintiff.