RAJAMMA Vs. MAREGOWDA

JUDGEMENT

(1.) Petitioners/Plaintiffs in OS.No.153/2023 on the file of Principal Senior Civil Judge and JMFC at Kunigal, Tumakuru district are before this Court challenging the order dtd. 18/7/2023 passed on IA.No.3 by which the trial Court observed that it is necessary to here other side before passing any order on IA.No.3 filed under Order 39 Rule 1 and 2 read with Sec. 151 of CPC.

(2.) Heard learned counsel for petitioners and perused the writ petition papers.

(3.) Learned counsel for the petitioners would submit that the petitioners/plaintiffs in O.S.No.153/2022 prayed for Judgment and decree of partition and also for mesne profits in the suit. The petitioners also filed three applications. IA.No.2 under Order 39 Rule 1 and 2 read with Sec. 151 of CPC to restrain the defendants/ their henchman from alienating or disposing the application suit schedule property and the said IA.No.2 was allowed and the defendants were restrained from selling, alienating or disposing of the suit schedule property.