K. LAKSHMIDEVAMMA Vs. MUNITHAYAMMA

JUDGEMENT

(1.) These two appeals are filed by the appellants challenging the order passed by the Trial Court on I.A.Nos.1 and 2 filed under Order 39, Rule 1 and 2 read with Sec. 151 of C.P.C., wherein I.A.No.1 is filed seeking for an order of temporary injunction restraining the defendant Nos.1 and 2 in alienating, encumbering or creating any charge over the application schedule property i.e., item No.1 of 'A' schedule property pending disposal of the suit and I.A.No.2 is filed seeking for an order of temporary injunction restraining the defendant Nos.1, 2, 16, 18, 15, 12, 19 and 20 or anybody claiming for and on their behalf from putting up any sort of construction over the application schedule properties i.e., item Nos.2, 3, 4 and 5 of 'A' schedule property pending disposal of the suit.

(2.) The Trial Court, having considered the pleadings of the parties, allowed I.A.No.1 and restrained the defendant Nos.1 and 2 from alienating, encumbering or creating any charge over item No.1 of the 'A' schedule property and partly allowed I.A.No.2 restraining the defendant Nos.1, 2, 16, 17, 18, 19 and 20 from putting up any construction over the item Nos.2, 3 and 5 of the plaint 'A' schedule property. Hence, these two appeals are filed before this Court.

(3.) Though the Trial Court passed a common order on the applications in I.A.Nos.1 and 2, the appellants have filed separate appeals challenging the same. However, since the Trial Court has passed a common order, the matters are taken up together for final disposal with the consent of learned counsel for both the parties.