R. LAKSHMIKANTH Vs. R. PRASANNA KUMAR

JUDGEMENT

(1.) Heard the learned counsel for appellant and learned counsel for respondent.

(2.) This appeal is filed by the appellant challenging the order of the Trial Court dtd. 18/10/2022 wherein sought for an order of injunction restraining the defendant to disturb the plaintiff's share and also interfering in respect of the Lakshmi ganesh cleaning and Flour Mill in which the Trial Court rejected the applications IA No.2 and 3 filed under Order 39 Rule 1 and 2 of CPC.

(3.) The factual matrix of the case of the plaintiff/appellant before the Court that the suit schedule properties are belong to the father of the plaintiff late Sri.N.Rangaswamy died in 12/8/2020 leaving behind his wife as his legal heir and then the mother of the plaintiff was also died on 5/8/2021 leaving behind her children as their legal heirs. The plaintiff is the elder son and the defendant is the younger son. The plaintiff's father i.e., Sri.N.Rangaswamy during his life time had acquired site property bearing assessment No.1570:1492:6188 measuring to an extent of 37 1/2 feet, north to south 30 feet situated at NH-4 road, Mallikapura, Lakshmi Ganesh Cleaning and Flour Mill, Sira taluk, Tumkur District and ancestral property in which land bearing Sy.No.313 measuring to an extent of 2.13 acres situated at Magodu village, Kasaba hobli, Sira Taluk which are morefully described in the schedule. Ever since the date of purchase of the suit schedule properties, the father of the plaintiff, plaintiff and defendant are in peaceful possession and enjoyment of the suit schedule properties. Subsequently, the plaintiff is an employee in KSRTC department since from 1988, out of his hard earned money, the plaintiff has constructed a duplex residential house by keeping the common stair case in and out over the suit schedule property by obtaining all civil amenities. Thereafter, the father of the plaintiff died on 12/8/2020 and at the time of the death of the plaintiff's mother, there was 2.50 gms of gold and house articles worth of Rs.3,00,000.00 by leaving behind her children as legal heirs to succeed her estate. When the plaintiff and defendant are staying together in different portion of the duplex house in the said property, ever since the date of construction of the residential house the plaintiff has invested the money for the flour mill and flouring machine. The father of the plaintiff looking after the business Lakshmi Ganesh cleaning and flour mill and he was enjoying both ancestral property and the property which he had acquired. After the demise of the plaintiff's father and mother, the plaintiff and defendant are continued to be peaceful possession and enjoyment of the suit schedule properties. All the title deed and other documents of the suit schedule property is standing in the name of the defendant earlier which was in the name of their father i.e, Sri.Rangaswamy.