MOHAN RAJ Vs. HONNURAMMA

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(r) of the CPC is filed by the plaintiffs in O.S.No.5079/2022 before the XXXIX Addl. City Civil Judge, Bangalore, challenging the order dated 2. 11.2022 passed on I.A.No.I and I.A.No.II filed under Order 39 Rules 1 and 2 read with Sec. 151 of CPC, whereby the Trial Court has dismissed I.A.No.1 filed by the plaintiffs and allowed I.A.No.II filed by the defendants and exparte order of temporary injunction dtd. 4/8/2022 has been vacated.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) The plaintiffs have filed the suit in O.S.No.5079/2022 before the Trial Court for partition and separate possession. Along with the suit, they had also filed I.A.No.1 under Order 39 Rules 1 and 2 read with Sec. 151 of CPC seeking for grant of an order of temporary injunction against the respondents/defendants restraining them from alienating the suit schedule property. The Trial Court had granted exparte interim order on 4/8/2022. After appearance of defendants, the defendants have filed I.A.No.II for vacating the exparte interim order. After hearing the parties, the Trial Court by order dtd. 2/11/2022 dismissed I.A.No.1 filed by the plaintiffs and allowed I.A.No.II filed by the defendants and exparte order of temporary injunction dated 4. 8.2022 was vacated. Being aggrieved by the same, the plaintiffs have filed this appeal.