M.B. RUDRAMUNI Vs. MAMATHA

JUDGEMENT

(1.) Challenging order dtd. 12/12/2008 passed by Principal City Civil and Sessions Judge, Bengaluru, on I.A.no.1 filed under Order XXXIX Rule 1 and 2 read with Sec. 151 of CPC, in O.S.no.5189/2017, this appeal is filed.

(2.) Appellant herein was defendant no.14, respondent no.1 herein was plaintiff, while respondents no.2 to 14 herein were defendants no.1 to 13 in O.S.no.5189/2017. Said suit was filed for partition of items no.1 to 3 of suit scheduled properties and for declaration of WILL dtd. 16/10/1999; and sale deeds dtd. 20/11/2012, 17/1/2013 and 5/2/2014, as not binding on plaintiff etc.

(3.) In said suit, plaintiff filed I.A.no.I under Order XXXIX Rule 1 and 2 of CPC, seeking for temporary injunction restraining defendants no.13 and 14 from alienating or disposing of items no.1 to 3 of suit schedule properties pending disposal of suit. Defendants filed written statement and adopted same as objection to I.A.no.I.