BASAVARAJ Vs. KAMLAVVA

JUDGEMENT

(1.) Defendant No. 9 filed M.F.A. No. 101019/2021 calling in question the common order dtd. 13/8/2021 passed in O.S. No. 348/2019 allowing I.A. No. 1 filed under Order 39 Rule 1 and 2 of CPC. M.F.A. No. 101020/2021 is filed challenging the order dismissing his application I.A. No. 10 filed for vacating the temporary injunction granted against him.

(2.) Plaintiffs have filed the suit O.S. No. 348/2019 against defendant Nos. 1 to 9 seeking declaration that the sale deeds dtd. 22/4/2003 and 2/2/2019 in respect of suit properties bearing R.S. No. 128/1A and 128/8 executed in favour of defendant Nos. 6 to 8 and 9 respectively are null and void and not binding on the plaintiffs and to declare that the plaintiffs are the absolute owners in actual possession of the suit properties. They had also claimed relief of permanent injunction against the defendants restraining them from disturbing or interfering with the peaceful possession and enjoyment of the same.

(3.) During the pendency of the suit, plaintiffs filed I.A. No. 1 under Order 39 Rule 1 and 2 of CPC seeking temporary injunction against the defendants in respect of R.S. No. 128/1A and 128/8 from alienating, transferring or creating any third party interest on it during the pendncy of the suit.