K.T. HUCHE GOWDA Vs. S.T. KEMPAMMA

JUDGEMENT

(1.) This petition filed by defendant nos.6 to 12 in O.S. No.35/ 2013 on the file of the Senior Civil Judge and JMFC, Malur (for short, the 'Trial Court') is directed against the impugned order dtd. 7/9/2022 passed in M.A.No.23/2021 by the II Additional District Judge, Kolar (for short, 'First Appellate Court') whereby the said appeal field by respondent nos.1 and 2 - plaintiffs against the order dtd. 19/8/2021 passed by the Trial court was allowed and the application - I.A.No.VI filed by petitioners - defendant nos.6 to 12 in the suit for temporary injunction was dismissed by the First Appellate Court.

(2.) The material on record discloses that respondent nos. 1 and 2 instituted aforesaid suit against respondent nos.3 to 7 for partition and separate possession of their alleged share in the suit schedule immovable properties and for other reliefs. In the said suit, the petitioners, who were not initially impleaded as parties subsequently got themselves impleaded as defended nos.6 to 12 and in addition to opposing the claim of the plaintiffs, the petitioners also put forth a counter claim in respect of suit schedule immovable properties. The said order passed by the trial Court permitting impleadement of the petitioners as defendant nos.6 to 12 has attained finality and the same has not be challenged by any of the respondents so far.

(3.) During pendency of the suit, the petitioners filed instant application I.A. No.VI under order XXXIX Rule 1 & 2 of CPC for temporary injunction restraining the plaintiffs and defendant nos.1 to 5 and 13 from alienating, encumbering and creating third party rights over the suit schedule properties. The said application having been allowed by the trial court vide order dtd. 19/8/2021, responded nos.1 and 2 - plaintiffs filed an appeal in M.A.No.23/2021, which was allowed by the first appellate Court by passing the impugned order which is assailed in the present petition.