RAJU S. Vs. SHANTHAMMA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned counsel for the caveator-respondent No.1.

(2.) This appeal is filed challenging the order dtd. 1/6/2023 passed on I.A.No.1 in O.S.No.2495/2019 on the file of the XVI Additional City Civil and Sessions Judge (CCH-12), Bengaluru, allowing I.A.No.1 filed under Order 39, Rule 1 and 2 read with Sec. 151 of C.P.C., wherein the plaintiffs have sought for grant of temporary injunction restraining the defendant, his agent or anybody claiming under or through him from interfering with construction work in the suit schedule property, till disposal of the suit.

(3.) Learned counsel appearing for the appellant- defendant appeared and filed the written statement claiming that a suit is filed by one of the joint family member by name S. Raju, the defendant herein in O.S.No.3645/2010 against all the remaining joint family members seeking the relief of partition and separate possession in respect of the aforesaid schedule property and obtained an order of status-quo against the first defendant by name Sri Narayanaswamy, the husband of first plaintiff where the suit schedule property is also included. The suit is decreed and an appeal is also filed in R.F.A.No.2042/2018 and the same is pending before this Court. It is also contended that, if the construction is continued and allowed, it will cause prejudice to the rights of the defendant.